IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110001777 


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 (Report of Separation from Active Duty) to show his date of entry on active duty as 16 June 1971. 

2.  The applicant states the date of entry on his DD Form 214 is incorrect.

3.  The applicant provides his DD Form 214 for the period ending on 7 June 1977 and a DD Form 215 (Correction to DD Form 214), dated 15 March 1978.

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) for a period of 2 years on 16 June 1971 and he held military occupational specialty (MOS) 76U (Signal Support Specialist).  He was honorably discharged on 7 June 1973 for the purpose of immediate reenlistment.  He completed 1 year, 11 months, and 22 days of creditable active service during this period and he was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that captured this period of service.

3.  He executed a 4-year reenlistment in the RA on 8 June 1973 and held MOS 76D (Materiel Supply Specialist).  He served in a variety of stateside and/or overseas assignments and he was honorably discharged on 7 June 1977.  The DD Form 214 he was issued for this period shows the following entries:

* Item 9d (Effective Date (of Separation)) "77  06  07"
* Item 15 (Date Entered Active Duty This Period) "73  06  08"
* Item 18 (Record of Service):

* Item 18a (Net Active Service This Period) "04  00  00"
* Item 18b (Prior Active Service) "01  11  22"
* Item 18c (Total Active Service) "05  11  22"

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* Item 9d shows the date the Soldier’s separation was accomplished
* Item 15 (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished
* Item 18 shows the record of service
* Item 18a shows the net active service completed during the period covered by the DD Form 214
* Item 18b shows the total prior active service
* Item 18c shows the total active service completed by the Soldier

5.  Army Regulation 635-5 states 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.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the RA on 16 June 1971 and he was discharged on 7 June 1973.  He completed 1 year, 11 months, and 22 days of active service during this period, and he was issued a DD Form 214 for this period of service. 

2.  He reenlisted on 8 June 1973 and he was honorably discharged on 7 June 1977.  He completed 4 years of creditable active service during this period. 

	a.  Item 15 of his second DD Form 214 correctly reflects the entry "73  06  08" (the date he reenlisted), item 9b correctly reflects the entry "77  06  07" (the date he was discharged), item 18a correctly shows the entry "04  00  00" (the total active service from the date he reenlisted to the date he was discharged), and item 18b correctly reflects an entry of "01  11  22" which is the applicant's total prior active service.  

	b.  When combining his net active service in item 18a to his total prior active service in item 18b, it equates to 5 years, 11 months, and 22 days of total creditable active service.

3.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.  Consolidation of two or more DD Forms 214 was not authorized at the time of his service.  The applicant's DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the requested relief.  A copy of his first DD Form 214 will be provided to him.

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)                                         AR20110001777



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ABCMR Record of Proceedings (cont)                                         AR20110001777



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