IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100024496
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 Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1997.
2. The applicant states his DD Form 214 shows 31 January 1975 in item 12a, but he entered AD on 20 March 1973.
3. The applicant provides his DD Form 214 and Orders 214-0253, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 1 August 1996.
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 is a retired Regular Army (RA) master sergeant.
3. He entered on AD on 20 March 1973 and served 1 year, 10 months, and 11 days until 30 January 1975 when he was honorably discharged for the purpose of immediate reenlistment. He was issued a DD Form 214 for this period of service.
4. He reenlisted on 31 January 1975 and started a new period of AD. He remained on AD through a series of reenlistments until he was honorably retired on 31 March 1997. His DD Form 214 shows the following in item 12 (Record of Service):
a. Date Entered AD This Period
1975
01
31
b. Separation Date This Period
1997
03
31
c. Net Active Service This Period
0022
02
00
d. Total Prior Active Service
0001
10
11
5. 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. It establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation provided that a DD Form 214 would be issued at time of separation to each member of the RA, meaning each time an RA Soldier reenlisted, he or she would receive a DD Form 214 for that period of service. On 1 October 1979, the regulation was changed to provide that DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Active Army, meaning that a DD Form 214 would not be issued at reenlistment if service was continuous.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that item 12a of his DD Form 214 be corrected.
2. The applicant's DD Form 214 is correct as prepared. During the early part of his service, Soldiers received a DD Form 214 each time they were discharged in order to reenlist. After his first reenlistment, the policy changed and he never received another DD Form 214 until he retired.
3. His first DD Form 214 shows he entered active service on 20 March 1973 and was honorably discharged on 30 January 1975, a period of 1 year, 10 months, and 11 days. A copy of this DD Form 214 will be provided to him.
4. His second and final DD Form 214 shows he entered active service for that period on 31 January 1975 and was honorably retired on 31 March 1997. It also shows prior active service of 1 year, 10 months, and 11 days in item 12d, thereby accounting for his original entry date of 20 March 1973.
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) AR20100024496
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024496
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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