IN THE CASE OF:	  

		BOARD DATE:	    19 July 2011

		DOCKET NUMBER:  AR20100030416 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1992 to show he entered active duty on 17 November 1971.

2.  The applicant states he served on active duty from 17 November 1971 to 
30 June 1992 without a break in service; however, item 11 (Primary Specialty) of his DD Form 214 ending on 30 June 1992 shows he served 20 years, but item 12 (Record of Service) only shows he completed 17 years of active service.  In addition, he contends this error caused him to lose benefits.

3.  The applicant provides his DD Form 214, effective 30 June 1992.

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 records show  the applicant was inducted into the Army of the United States on 17 November 1971 for a period of 2 years. 

3.  On 30 October 1972, 19 October 1977, and 25 September 1979 he was honorably discharged for immediate enlistment/reenlistment.  He was issued DD Forms 214 for the following periods of service:

* 17 November 1971 - 30 October 1972 (11 months, 14 days)
* 31 October 1972 - 18 October 1977 (4 years, 11 months, and 18 days)
* 19 October 1977  - 24 September 1979 (1 year, 11 months, and 6 days)
* 25 September 1979 - 30 June 1992 (12 years, 9 months, and 6 days)

4.  His DA Form 2339 (Application for Voluntary Retirement), dated 12 November 1991, shows he served in an active duty status from 17 November 1971 to 
30 June 1992, a total of 20 years, 7 months, and 14 days.

5.  On 30 June 1992, he was retired by reason of sufficient service for retirement.  His DD Form 214 shows in:

* item 12a (Date Entered AD [active duty] This Period) "79  09  25"
* item 12b (Separation Date This Period) "92  06  30"
* item 12c (Net Active Service This Period) "12  09  06"
* item 12d (Total Prior Active Service) "01  10  08"

6.  Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Army.

7.  Army Regulation 635-5, effective 1 October 1979, stated that effective 
1 October 1979 DD Forms 214 would no longer be issued at the time of reenlistment, all service would be continuous from the date the last DD Form 214 was issued.  The entry for item 12a is the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted.  This regulation also stated 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 12c, enter the amount of service this period that will be computed by subtracting Item 12a from 12b

* item 12d, from the previously issued DD Forms 214 enter the total amount of prior active military service, less time lost, if any

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214, effective 30 June 1992, to show he entered active duty on 17 November 1971.

2.  The evidence shows the applicant was issued DD Forms 214 that covered his service from 17 November 1971 to 24 September 1979.  Then regulatory guidance changed and a DD Form 214 was no longer issued when a Soldier was discharged for immediate reenlistment.  The regulation provided that all service would be continuous from the date the last DD Form 214 was issued.  Therefore, the DD Form 214 issued to him upon retirement would not show his original date of induction or any other service for which he had already been issued a 
DD Form 214. 

3.  However, his 30 June 1992 DD Form 214, item 12c shows he completed 
12 years, 9 months, and 6 days of net active service this period and item 12d shows he completed 1 year and 10 days of prior active service.  Item 12d should show he completed 7 years, 10 months, and 8 days of total prior active service.  The service in item 12c and 12d added together should equal 20 years, 
7 months, and 14 days which is the total amount of active service he completed for retirement.  Therefore, item 12d of his DD Form 214 should be corrected to show "7 years, 10 months, and 8 days" of total prior active service.   

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 deleting the current entry in item 12d his 30 June 1992 DD Form 214 and adding  "07  10  08."
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 his DD Form 214, effective 30 June 1992 to show he entered active duty on 17 November 1971.  




      _______ _   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)                                         AR20100030416



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ABCMR Record of Proceedings (cont)                                         AR20100030416



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