IN THE CASE OF:	  

		BOARD DATE:	    21 July 2011

		DOCKET NUMBER:  AR20110001743 


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) to show his correct date of entry as 6 May 1975 instead of 30 October 1978.

2.  The applicant states he initially enlisted in the Regular Army (RA) on 6 May 1975.

3.  The applicant provides his DD Form 214, Standard Form (SF) 600 (Chronological Record of Medical Care), and DA Form 2-1 (Personnel Qualification Record).

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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 8 April 1975.  Records show he was discharged from the USAR DEP on 5 May 1975 and he enlisted in the RA on 6 May 1975 for a period of 3 years.  He also executed a 6-month service extension on 6 December 1977.

3.  He was honorably discharged on 29 October 1978 for the purpose of immediate reenlistment.  He completed 3 years, 5 months, and 24 days of creditable active service but his DD Form 214 for this period is not available.

4.  He reenlisted in the RA for 3 years on 30 October 1978.  He followed that with two 6-year reenlistments on 31 July 1981 and 25 June 1987; a 3-year reenlistment on 22 March 1993; and an extension for 2 years, 2 months, and 10 days, on 12 September 1994.

5.  He was retired on 31 May 1995 by reason of sufficient service for retirement and he was placed on the Retired List on 1 June 1995 in his retired rank/grade of staff sergeant (SSG)/E-6.  The DD Form 214 he was issued shows the following entries:

* item 12a (Date Entered Active Duty This Period) - "1978  10  30"
* item 12b (Separation Date This Period) - "1995  05  31"
* item 12c (Net Active Service This Period) - "0016  07  01"
* item 12d (Total Prior Active Service) - "0003  05  24"
* item 12e (Total Prior Inactive Service) - "0000  00  28"

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It 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.  The regulation states not to issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record.  Furthermore, it states for:

* item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added)
* item 12b, enter the Soldier’s transition date, less time lost
* item 12c, enter the amount of active service this period, computed by subtracting item 12a from 12b, less time lost
* 
item 12d, obtained from previously issued DD Forms  214, enter the total amount of prior active military service less time lost, if any
* item 12e, obtained for the records, enter the total amount of prior inactive military service less time lost, if any

7.  Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment.  This practice was stopped effective        1 October 1979.  Army Regulation 635-5 states that DD Forms 214 are not reissued to replace lost forms.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the USAR DEP on 8 April 1975.  He completed 28 days of inactive service before enlisting in the RA on 6 May 1975.  He was honorably discharged on 29 October 1978 for the purpose of immediate reenlistment.  He completed 3 years, 5 months, and 24 days of creditable active service and he should have been issued a DD Form 214.  However, there is no harm to the Army or the Soldier if he is issued a statement of service capturing this period of active service. 

2.  He reenlisted on 30 October 1978.  He served through multiple reenlistments or extensions and he was honorably retired on 31 May 1995.  He completed 16 years, 7 months, and 1 day of creditable active service during the period covered by this DD Form 214:

* item 12a of his DD Form 214 correctly reflects the entry "1978  10  30," the date he reenlisted
* item 12b correctly reflects the entry "1995  05  31," the date he retired
* item 12c correctly reflects the entry "0016  07  01," the total active service from the date he reenlisted to the date he retired
* item 12d reflects an entry of "003  05  24" which is the applicant's total prior active service
* when combining his net active service this period in item 12c to his total prior active service in item 12d, it equates to 20 years 25 days of total creditable active service
* item 12e reflects the entry "0000  00  28," which is his total inactive service ion the DEP

3.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the period referenced.  His DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for amending his DD Form 214 for the period ending 31 May 1995.

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 issuing him an appropriate document capturing his active duty service from
6 May 1975 through 29 October 1978.

2.  The Board further determined that the evidence presented is 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 adjusting his entry date from 30 October 1978 to 6 May 1975 on his DD Form 214 for the period ending
31 May 1995.



      _______ _   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)                                         AR20110001743



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ABCMR Record of Proceedings (cont)                                         AR20110001743



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