IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024191
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 2 July 1992 to show his correct date of enlistment.
2. The applicant states:
* he enlisted on 12 July 1977
* his DD Form 214 shows he enlisted on 26 September 1979
3. The applicant provides:
* his military occupational specialty (MOS) orders, dated 3 October 1977
* his DD Form 214 for the period ending 2 July 1992
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. The applicant enlisted in the Regular Army (RA) on 12 July 1977 for a period of 3 years. He was awarded MOS 64C (Motor Transport Operator). On 25 September 1979, he was honorably discharged for the purpose of immediate reenlistment.
3. Item 18 (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 25 September 1979 shows the entry "77 07 12" indicating he entered active duty this period on 12 July 1977. Items 18a (Net Active Service This Period) and 18c (Total Active Service) of this DD Form 214 show he served 2 years, 2 months, and 14 days.
4. He reenlisted on 26 September 1979 for a period of 3 years. His enlistment contract shows he had 2 years, 2 months, and 14 days of prior active military service. On 2 July 1992, he was honorably discharged.
5. Item 12a of his DD Form 214 for the period ending 2 July 1992 shows the entry "79 09 26" indicating he entered active duty this period on 26 September 1979. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years, 2 months, and 14 days of prior active service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states that for:
* item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added)
* item 12d, enter the total amount of prior active military service, less lost time, if any, from previously issued DD Forms 214
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he enlisted in the Regular Army on 12 July 1977, which is properly reflected in item 18 of his DD Form 214 for the period ending
25 September 1979. A copy of this DD Form 214 will be provided to the applicant with these Proceedings.
2. He reenlisted on 25 September 1979 and he was discharged on 2 July 1992. His period of prior active service is properly reflected in item 12d of his DD Form 214 for the period ending 2 July 1992.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100024191
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ABCMR Record of Proceedings (cont) AR20100024191
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