IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110002643 


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 31 August 1993 to show his correct date of entry as 21 August 1972 instead of 21 August 1975.

2.  The applicant states the data entered was incorrect; that it should read
21 August 1972.

3.  The applicant provides:

* His DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) for the period ending 18 January 1972
* His DD Form 214, for the period ending 31 August 1993
* Special Orders Number 169, issued by the Armed Forces Examining and Entrance Station (AFEES), Los Angeles, CA, dated 21 August 1972
* August 1972 discharge orders

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 Regular Army (RA) on 24 January 1969 for a period of 3 years.  He completed training and he was awarded military occupational specialty 94B (Cook).  He was honorably released from active duty on 18 January 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 for this period of service shows he completed 2 years, 11 months, and 25 days of total active service.

3.  He again enlisted in the RA on 21 August 1972 for a period of 3 years.  On
20 August 1975 he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 (Report of Separation from Active Duty) for this period of service shows he completed 3 years of active service.  It also shows he had 2 years, 11 months, and 25 days of prior active service, for a total of 5 years, 11 months, and 25 days of creditable active service.

4.  He reenlisted in the RA on 21 August 1975 for a period of 6 years.  He followed that with a 4-year reenlistment on 8 June 1981, a 6-year reenlistment on 6 December 1984, and two extensions of service.

5.  He was retired on 31 August 1993 for length of service.  On 1 September 1993, he was placed on the Retired List in his retired rank/grade of master sergeant (MSG)/E-8.  The DD Form 214 he was issued shows in:

* item 12a (Date Entered Active Duty This Period) the entry "75  08  21"
* item 12b (Separation Date This Period) the entry "93  08  31"
* item 12c (Net Active Service This Period) the entry "18  00  10"
* item 12d (Total Prior Active Service) the entry "05  11  25"

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.  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

7.  Prior to 1 October 1979, Soldiers were issued DD Forms 214 when discharged for immediate reenlistment.  However, this practice was stopped effective 1 October 1979 wherein the Army discontinued issuing a separate
DD Form 214 upon a Soldier's discharge for the purpose of immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the RA on 24 January 1969 and he was released from active duty on 18 January 1972.  He completed 2 years,
11 months, and 25 days of active service and he was issued a DD Form 214 that captured this period of service.

2.  He again enlisted in the RA on 21 August 1972 and he was discharged on 20 August 1975.  He completed 3 years of active service during this period and he was issued a DD Form 214 that captured this period of service as well as his prior active service.  He will be provided a copy of this DD Form 214.

3.  He reenlisted on 21 August 1975 for 6 years.  He continued to serve through multiple reenlistments or extensions and he was retired on 31 August 1993 for length of service.  He completed 18 years and 10 days of creditable active service with 5 years, 11 months, and 25 days of total prior active service during the period covered by his final DD Form 214.  It shows in:

* item 12a of this DD Form 214 the entry "75  08  21," which is the correct effective date of his reenlistment for which a DD Form 214 was not issued
* item 12b the entry "93  08  31," the effect date he retired
* item 12c the entry "18  00  10," the net active service from the date he last reenlisted to the date of his retirement
* item 12d the entry of "05  11  25," his total prior active service

Based on his combined net active service this period in item 12c and his total prior active service in item 12d, he served 24 years and 5 days of total creditable active service.
4.  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 granting the applicant's requested relief.

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)                                         AR20110002643



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ABCMR Record of Proceedings (cont)                                         AR20110002643



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