IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100021686
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he entered AD on 2 February 1973 [sic]. The date listed on his DD Form 214 3 February 1977 is his date of entry of his second term of enlistment.
3. The applicant provides a copy of his DD Form 214 for the period 19770203-19811201.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) for 4 years on 16 February 1973 [not 2 February 1973 as he indicated in his application]. He was discharged on 2 February 1977 for the purpose of immediate reenlistment. He received a DD Form 214 (then called Report of Separation from Active Duty) for this service totaling 3 years, 11 months, and 17 days.
3. The applicant reenlisted for 4 years on 3 February 1977 and served until he was discharged on 1 December 1981. He received a second DD Form 214. This document shows his current period of service as 19770203-19811201. It also shows previous service of 3 years, 11 months, and 17 days in item 12d (Total Prior Active Service).
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The regulation in effect at the time established standardized policy for preparing and distributing the DD Form 214 and stated:
* the DD Form 214 is a summary of a Soldier's period of AD
* a DD Form 214 will be issued to each Soldier of the RA at reenlistment
* any prior AD will be reflected in the appropriate area (item 12d)
5. In 1979, Army Regulation 635-5 was changed to reflect that only one DD Form 214 would be prepared to capture all continuous active duty. Thus, if a Soldier enlisted, reenlisted, and was retired or discharged with many years of service over several terms of enlistment, only one DD Form 214 would be issued as all service was continuous.
DISCUSSION AND CONCLUSIONS:
1. The applicant's second DD Form 214 period of service as 19770203-19811201 is correct. It accounts for his first period of service in item 12d.
2. The applicant has another DD Form 214 that shows his enlistment date as 16 February 1973. A copy of this DD Form 214 will be provided to the applicant.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100021686
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ABCMR Record of Proceedings (cont) AR20100021686
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