IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100023882
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1996 to show he entered active duty on 9 November 1976.
2. The applicant states he served 20 years in the Army from 1976 to 1996.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He enlisted in the Regular Army on 9 November 1976 for a period of 3 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11H (Anti-armor Crewman).
3. On 22 August 1979, he was honorably discharged for immediate reenlistment. He was issued a DD Form 214 (Report of Separation from Active Duty) for the period of service from 9 November 1976 through 22 August 1979. He completed 2 years, 9 months, and 14 days of active service during this period.
4. He immediately reenlisted on 23 August 1979 for a period of 4 years. He subsequently reenlisted on 3 August 1983 and 14 August 1986.
5. On 30 November 1996, he was retired by reason of sufficient service for retirement and he was placed on the Retired List the following day. He was issued a DD Form 214 for the period of service from 23 August 1979 through
30 November 1996. Item 12a (Date Entered AD [active duty] This Period) contains the entry "1979 08 23" (1979 August 23). Item 12d (Total Prior Active Service) contains the entry "0002 09 14 (2 years, 9 months, 14 days).
6. Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of their retirement, discharge, or release from the Active Army.
7. Army Regulation 635-5, effective 1 October 1979, stated that effective
1 October 1979 DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last
DD Form 214 was issued. This regulation states for:
* item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted
* item 12d, from previously issued DD Forms 214, enter total amount of prior active military service, less time lost, if any
DISCUSSION AND CONCLUSIONS:
1. He was issued a DD Form 214 for his period of service from 9 November 1976 to 22 August 1979. A copy of this DD Form 214 will be provided to him.
2. In October 1979, the regulation for the issuance of DD Forms 214 was changed and DD Forms 214 were no longer issued when a Soldier was discharged and immediately reenlisted. Therefore, he was not issued a
DD Form 214 when he was discharged for immediate reenlistment on 2 August 1983 and 13 August 1986.
3. The entry in item 12a of his DD Form 214 for the period ending 30 November 1996 is the beginning date of the enlistment period for which a DD Form 214 had not been issued. Therefore, because the ending date of his previous
DD Form 214 is 22 August 1979, the date 23 August 1979 in item 12a of his last DD Form 214 is correct. Additionally, the entry "0002 09 14" in item 12d accounts for his period of service from 9 November 1976 through 22 August 1979.
4. 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 that 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 that 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) AR20100023882
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100023882
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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