IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110002093
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he entered active duty in October 1974.
2. The applicant states he reentered active duty after a break in service in October 1974.
3. The applicant provides his DD Form 214 for the period ending 31 March 1992, his DA Form 2-1 (Personnel Qualification Record), and a copy of his Retired Identification Card.
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. The applicants military records show that he enlisted in the Regular Army on 10 June 1969, was awarded the military occupational specialty of memorial activities specialist, served in Vietnam, and was promoted to pay grade E-4. He was honorably released from active duty on 25 December 1971. He was issued a DD Form 214 for this period of active service.
3. After a break in service, he reenlisted in the Regular Army on 1 October 1974, was promoted to pay grade E-5, and was honorably discharged on 1 September 1977 in order to immediately reenlist. He was issued a DD Form 214 for this period of service.
4. He served continuously from the date of that reenlistment and was promoted to pay grade E-7. He was honorably retired on 31 March 1992 and placed on the Retired List the following day. The DD Form 214 he was issued shows he entered that period of service on 2 September 1977. It also shows he had
5 years, 5 months, and 17 days of prior active service.
5. Army Regulation 635-5 (Separation Documents) provides that, effective
1 October 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. Prior to 1 October 1979, a DD Form 214 was issued every time an enlisted Soldier reenlisted. Therefore, he was properly issued a DD Form 214 for the periods ending 25 December 1971 and 1 September 1977.
2. When the applicant was retired, the date entered active duty this period would by necessity be the day following the period of service for which he was already issued a DD Form 214. Since he was issued a DD Form 214 for the period ending 1 September 1977, the date entered active duty properly has 2 September 1977 entered. A copy of those first two DD Forms 214 will be provided to the applicant.
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.
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