IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025468
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1990 be corrected to show he entered active duty on 22 April 1968 in block 12a (Date Entered Active Duty This Period) instead of 12 February 1976 as currently reflected.
2. The applicant states his DD Form 214 incorrectly reflects that he entered active duty on 12 February 1976 when, in fact, he entered active duty on 22 April 1968.
3. The applicant provides a copy of 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 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 on 22 April 1968 for a period of 3 years. He completed training and remained on active duty through a series of continuous reenlistments.
3. On 28 October 1970, he was honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214. On 29 October 1970, he reenlisted in pay grade E-5 for a period of 6 years.
4. On 11 February 1976, he was again honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214. He reenlisted on 12 February 1976 for a period of 5 years.
5. On 1 April 1981, he was honorably discharged for the purpose of immediate reenlistment and he was not issued a DD Form 214.
6. He continued to serve through a series of continuous reenlistments and was not issued another DD Form 214 until he was honorably retired by reason of length of service on 30 November 1990. His DD Form 214 issued at that time shows he entered active duty on 12 February 1976, which was the day following the date his last DD Form 214 was issued. He served 22 years, 7 months, and 9 days of continuous active service which is reflected in blocks 12d and 12e of his DD Form 214.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect active service that is performed during the period covered by the DD Form 214 and will reflect prior active service as well. However, effective 1 October 1979 the regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day. A DD Form 214 may not be issued to cover a period of service already documented by a previously-issued DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and were found to lack merit. The applicant was issued DD Forms 214 up to 11 February 1976 in accordance with the regulation in effect at the time.
2. Following the period his last DD Form 214 was issued the regulation changed and provided that the DD Form 214 would no longer be issued for immediate reenlistments. Accordingly, his service began (for the purpose of issuing DD Forms 214) the day following the issuance of his last DD Form 214.
3. Accordingly, his DD Form 214 was properly prepared in accordance with the applicable regulation and properly reflects that he entered this period of active duty on 12 February 1976.
4. As a matter of information for the applicant, if the total prior active service in block 12d is subtracted from the date in block 12a, it will result in the date the applicant originally entered active duty.
5. 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 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:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100025468
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025468
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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