IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026797
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 item 12a (Date of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of
17 December 1986 be changed to show 1 February 1974.
2. The applicant states he joined the Army on 1 February 1974 and the date of entry on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214 with a separation date of
17 December 1986.
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 1 February 1974 for a period of 2 years.
3. On 25 January 1976, he was discharged to immediately reenlist. He completed 1 year, 11 months, and 25 days of active service that was characterized as honorable. He was issued a DD Form 214 for his period of service from 1 February 1974 to 25 January 1976.
4. On 26 January 1976, he immediately reenlisted for a period of 3 years.
5. On 26 October 1978, he was discharged to immediately reenlist. He completed 2 years, 9 months, and 1 day of active service. He was issued a
DD Form 214 for his period of service from 26 January 1976 to 26 October 1978.
6. On 27 October 1978, he immediately reenlisted for a period of 3 years.
7. On 29 November 1981 he was discharged to immediately reenlist. He was not issued a DD Form 214 for the period 27 October 1978 to 29 November 1981.
8. On 30 November 1981, he immediately reenlisted for a period of 5 years.
9. On 17 December 1986, he was discharged. He was issued a DD Form 214 for the period from 27 October 1978 to 17 December 1986. Item 12a (Date Entered AD This Period) contains the entry 78 10 27 (1978 October 27). He completed 8 years, 1 month, and 21 days of active service that was characterized as honorable.
10. 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 periods of service from 1 February 1974 to 25 January 1976 and from 26 January 1976 to 26 October 1978. A copy of these DD Forms 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
30 November 1981.
3. The entry in item 12a (27 October 1978) of his DD Form 214 for the period ending 17 December 1986 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 last DD Form 214 was 26 October 1978, the date 27 October 1978 in item 12a of his DD Form 214 with a separation date of 17 December 1986 is correct.
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) AR20100026797
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026797
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100001249
The applicant requests that item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 31 December 1995, be corrected to show 7 June 1974. The applicant provides the following in support of his application: * DA Form 2-1 (Personnel Qualification Record- Part II), prepared on 1 November 1994 * DD Form 4 (Enlistment Contract- Armed Forces of the United States), dated 7 June 1974 * Retirement Application * DD Forms 214,...
ARMY | BCMR | CY2010 | 20100000044
The applicant requests correction of his records to reflect all of his military service. Accordingly, he was not issued a DD Form 214 when he reenlisted on 28 May 1980. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 for the period ending 27 March 1986 the entry "IMMEDIATE REENLISTMENTS THIS PERIOD 19781220 - 19800527."
ARMY | BCMR | CY2013 | 20130003455
IN THE CASE OF: BOARD DATE: 14 November 2013 DOCKET NUMBER: AR20130003455 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. The fact that the applicant was issued Honorable Discharge Certificates at the time of his immediate reenlistments does not demonstrate an error in the preparation of the 28 February 1986 DD Form 214.
ARMY | BCMR | CY2012 | 20120008682
With regard to Items 4a and 4b on his DD Form 214 for the period ending 3 March 1983, the evidence of record shows he was reduced to PV1/E-1 on 22 February 1983 as a result of the discharge action under the provisions of Army Regulation 635-200, chapter 14. This award is currently shown on his 1983 DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 5 of the applicant's 1983 DD Form 214 to show his...
ARMY | BCMR | CY2015 | 20150001576
The applicant requests a DD Form 214 (Report of Separation from Active Duty) for his period of service from 27 April 1976 through 27 January 1980. The applicant provides: * NA Form 13038 * DD Form 214 with an effective date of 26 April 1976 * DD Form 214 with a separation date of 27 January 1983 * his discharge and reenlistment orders, dated 15 April 1976 CONSIDERATION OF EVIDENCE: 1. As such, his DD Form 214 with a separation date of 27 January 1983 should show in: * item 12a - 27 April...
ARMY | BCMR | CY2010 | 20100019997
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the: * Korea Defense Service Medal *...
ARMY | BCMR | CY2011 | 20110014692
The applicant provides his DD Form 214. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. He completed 2 years, 9 months, and 19 days of creditable active service and he should have been issued a DD Form 214 for this period of service.
ARMY | BCMR | CY2008 | AR20080016989
The applicant requests that the following items on his 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected: item 12a (Dated Entered AD [active duty] This Period) to show 760420 (20 April 1976); item 12c (Net Active Service This Period) to show 100727 (10 years, 7 months, and 27 days); and item 12e (Total Prior Active Service) to show 000328 (3 months and 28 days). A separation document was issued which captured the applicant's period of military service...
ARMY | DRB | CY2005 | 20050010167
Larry W. Racster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of Item 12a (Date Entered Active Duty This Period) and Item 12b (Separation Date This Period) of his 12 May 1984 separation document (DD Form 214). Therefore, the time for his to file a request for correction of any error or injustice expired on 16 May 1987.
ARMY | BCMR | CY2013 | 20130010045
The applicant requests, in effect, correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 April 1985, to reflect the entry date of 8 January 1976. Item 12b of his 1985 DD Form 214 has an entry date of 2 August 1979 and it should be 9 March 1976. The applicant provides: * 1976 DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) (3 pages) * 1978 DD Form 4 (1 page) *...