BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110003367
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1995 to show his date of entry as 15 September 1976.
2. The applicant states the Department of Veterans Affairs (VA) informed him that his basic active service date is 30 March 1979.
3. The applicant provides a copy of his VA Rating Decision, dated 14 January 2011.
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 is a Regular Army retired staff sergeant/pay grade E-6.
3. The applicant's DD Form 214 (Report of Separation from Active Duty) shows he enlisted in the Regular Army on 15 September 1976. He was discharged on 29 March 1979 for the purpose of immediate reenlistment. He attained the rank of specialist four/pay grade E-4 and completed 2 years, 6 months, and 15 days during this period of service.
4. The applicant reenlisted on 30 March 1979 and remained on active duty until his voluntary early retirement on 30 June 1995. He completed 16 years, 3 months, and 1 day of creditable active duty service during this period. His DD Form 214 for this period of service shows in:
* item 12a (Date Entered Active Duty This Period) 30 March 1979
* item 12b (Separation Date This Period) 30 June 1995
* item 12c (Net Active Service this Period) 16 years, 3 months, 1 day
* item 12d (Total Prior Active Duty Service) 2 years, 6 months, 15 days
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. 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.
a. Effective 1976, this regulation provided for the issuance of a DD Form 214 at the time of each immediate reenlistment.
b. Effective subsequent to the applicant's reenlistment in 1979, this regulation no longer authorized issuance of a DD Form 214 upon immediate reenlistment. Instead, it required an entry in the remarks section indicating each period of enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his last DD Form 214 should be corrected to show his date of entry as 15 September 1976.
2. The available evidence clearly shows the applicant entered active duty on 15 September 1976 and remained on active duty through a series of reenlistments until his retirement on 30 June 1995. There is no apparent error or injustice.
3. There are no provisions for consolidating DD Forms 214 to show all periods of active duty into a single DD Form 214. The applicant's last DD Form 214 clearly shows both his current period of active duty service and his prior active duty service. A copy of his first DD Form 214 will be provided to him. The applicant should provide both of his DD Forms 214 to the VA.
4. In view of the above, the applicant's request should be denied.
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 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) AR20110003367
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