IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026155 


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 This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 8 December 1975.

2.  The applicant states he enlisted in the Army on 8 December 1975 and reenlisted on 15 November 1978.

3.  The applicant did not provide any additional evidence.

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's records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 3 December 1975.  After spending 5 days in the DEP, he was discharged from the USAR on 7 December 1975 for the purpose of enlisting in the Regular Army (RA).

3.  He executed a 3-year enlistment in the RA on 8 December 1975 and subsequently completed basic combat and advanced individual training and was awarded military occupational specialty 05C (Radio Teletype Operator).

4.  He was honorably discharged from the RA on 14 November 1978 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 7 days of creditable active service and he was issued a DD Form 214 (Report of Separation from Active Duty) that captured this period of active duty.

5.  He executed a 4-year reenlistment in the RA on 15 November 1978.  He was honorably discharged on 14 April 1983 by reason of expiration of his term of service.  The DD Form 214 he was issued shows the following entries:

* item 12a – "78  11  15"
* item 12b (Separation Date This Period) – "83  04  14"
* item 12c (Net Active Service This Period) – "04  05  00"
* item 12d (Total Prior Active Service) – "02  11  07
* item 12d (Prior Inactive Service) – "00  00  05"

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Chapter 2 states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

* item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued
* item 12b shows the Soldier's transition/separation date
* items 12c and 12d show all service, less time lost
* item 12c shows prior inactive service

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he initially enlisted in the USAR DEP on 3 December 1975.  He remained in the DEP for 5 days and subsequently enlisted in the RA on 8 December 1975.  He was honorably discharged on 14 November 1978 for immediate reenlistment.  He completed 2 years, 11 months, and 7 days of creditable active military service during this period of initial enlistment and he was issued a DD Form 214 that captured his active service.  A copy of this DD Form 214 will be provided to him.

2.  He reenlisted on 15 November 1978 and he was discharged on 14 April 1983. 
He completed 4 years and 5 months of creditable active service during the period covered by his DD Form 214 as follows:

* item 12a correctly reflects the entry "78  11  15" (the date he reenlisted)
* item 12b correctly reflects the entry "83  04  14" (the date he was discharged)
* item 12c correctly reflects the entry "04  05  00" (the total active service from the date he reenlisted to the date he was discharged)
* item 12d reflects an entry of "02  11  07" which is his total prior active service
* when combining his net active service in item 12c with his total prior active service in item 12d, it equates to 7 years, 4 months, and 7 days of total creditable active service
* item 12e correctly reflects the entry "00  00  05" (total service in the DEP)

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The applicant's DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, 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 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)                                         AR20100026155



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ABCMR Record of Proceedings (cont)                                         AR20100026155



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