IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027598 


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 AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 10 October 1972 vice 19 November 1979.

2.  The applicant states he served consecutively from 10 October 1972 to 28 February 1994.  Once item 12a is corrected, item 12d (Total Prior Active Service) can be removed from the DD Form 214.  He is not contesting the amount of time he served, just the way it is reflected.

3.  The applicant provides his DD Form 214, two orders, and a form titled Estimated Earnings During Military Service.

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 Regular Army (RA) on 10 October 1972 and he held military occupational specialty (MOS) 62B (Construction Equipment Repairer) and MOS 26T (Satellite Communications Systems Repairer).  He was honorably discharged on 15 March 1976 for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows he completed 3 years, 5 months, and 6 days of creditable active service. 

3.  He reenlisted in the RA on 16 March 1976 for a period of 3 years and he again reenlisted in the RA on 19 November 1979.  He was honorably retired from active duty on 28 February 1994.  The DD Form 214 he was issued for this period of service contains the following entries:

* Item 12a shows 19 November 1979
* Item 12b (Separation Date this Period) shows 28 February 1994
* Item 12c (Net Active Service this Period) shows 14 years, 5 months, and 10 days
* Item 12d shows 7 years, 1 month, and 9 days

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of this regulation, in effect at the time, contains guidance on the preparation of the DD Form 214.  Item 12a shows the shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 10 October 1972 and he was discharged on 15 March 1976 for the purpose of immediate reenlistment.  As required by applicable regulations at the time, he was issued a separate DD Form 214 that captured this period of active service.

2.  He then reenlisted in the RA on 16 March 1976 and again on 19 November 1979.  As new regulations were in effect at the time, he was not issued a separate DD Form 214 that captured his service for the period 16 March 1976 through 18 November 1979.  He was honorably retired from active duty on 28 February 1994.  His last period of service was not properly reflected on his DD Form 214.  Item 12a of his DD Form 214, dated 28 February 1994, should have shown the entry 16 March 1976.  Therefore, he is entitled to correction of this DD Form 214 to accurately show this period of service.  
3.  With respect to his request to have item 12a of his DD Form 214 corrected to show 10 October 1972; his records contain a DD Form 214 that properly captures his period of service from 10 October 1972 through 15 March 1976.  A copy of his first DD Form 214 will be provided to him.  Therefore, he is not entitled to full relief 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12a of his DD Form 214 dated 28 February 1994 the entry "1979  11  19" and replacing it with the entry "1976  03  16"; 

	b.  deleting from item 12c of his DD Form 214 dated 28 February 1994 the entry "14  05  10" and replacing it with the entry "17  11  13"; and

	c.  deleting from item 12d of his DD Form 214 dated 28 February 1994 the entry "07  01  09" and replacing it with the entry "03  05  06."

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 12a of his DD Form 214, dated 28 February 1994 to show the entry 10 October 1972.



      ____________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)                                         AR20100027598





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ABCMR Record of Proceedings (cont)                                         AR20100027598



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