IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110004792
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 30 September 1995 to show his entry date as 3 September 1975 instead of 3 March 1979.
2. He states a mistake was made in his entry date.
3. He provides:
* a DA Form 1315 (Reenlistment Data)
* his DD Form 214 for the period ending 30 September 1995
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 applicant enlisted in the Regular Army (RA) on 3 September 1975 for a period of 4 years in the rank/grade of private (PV1)/E-1.
3. He provided a copy of a DA Form 1315 which shows his Pay Entry Basic Date) as 3 September 1975.
4. He was honorably discharged on 2 March 1979 for the purpose of immediate reenlistment. The DD Form 214 (Report of Separation from Active Duty) he was issued at the time shows in item 9d (Effect Date of Separation) the entry
"79 03 02" indicating he was discharged this period on 2 March 1979 and
item 15 (Date Entered Active Duty This Period) the entry "75 09 03" indicating he entered active duty this period on 3 September 1975. He completed 3 years, 5 months, and 29 days of total active service this period.
5. On 3 March 1979, he reenlisted in the RA for a period of 3 years. He served honorably during two subsequent reenlistments (15 December 1981 and
27 November 1985). He was retired by reason of sufficient service for retirement on 30 September 1995 and placed on the Retired List on 1 October 1995. He attained the rank/grade of sergeant first class (SFC)/E-7 during his tenure of service.
6. The DD Form 214 he was issued at retirement shows in Item 12a the entry "1979 03 03." Item 12c (Net Active Service This Period) shows he was credited with 16 years, 9 months, and 30 days of net active service this Period. Item 12d (Total Prior Active Service) shows he was credited with 3 years and 6 months of prior active service.
7. Item 18 (Remarks) of this DD Form 214 shows he reenlisted on 3 March 1979 and 15 December 1981.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, governs the preparation of the DD Form 214. The regulation states for:
a. Item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued;
b. Items 12c and 12d, enter all the service, less time lost; and
c. Item 18, enter all enlistment periods for which a DD Form 214 was not issued. Example: Immediate reenlistment this period: then list the dates.
9. Effective 1 October 1979, Army Regulation 635-5 was changed to reflect that the DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the RA.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant initially enlisted in the RA on 3 September 1975. He was discharged on 2 March 1979 for the purpose of reenlistment. He was issued a DD Form 214 for the period 3 March 1975 through 2 March 1979 for which he completed 3 years, 5 months, and 29 days of total active service.
2. He reenlisted in the RA on 3 March 1979 and he served continuously until he was retired on 30 September 1995. Item 12a of the DD Form 214 for the period ending 30 September 1995 correctly shows the first date of his last immediate reenlistment for which a DD Form 214 was not issued, which is 3 March 1979.
3. 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 1 October 1979, a separate DD Form 214 was issued for each period of reenlistment. His DD Form 214 for the periods ending 2 March 1979 and 30 September 1995 correctly reflect his record of service and contain no errors.
4. Based on the foregoing, 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.
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