IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005535 


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 the date entered active duty shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the date of entry shown as 29 December 1976 on his DD Form 214 is incorrect and should be 27 March 1974, which is his Basic Active Service Date.

3.  The applicant provides a copy of his retirement orders and DD Form 214 in support of his application.

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 U.S. Army Reserve on 11 March 1974.  He was discharged on 26 March 1974 to enlist in the Regular Army (RA).

3.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the RA for a period of 3 years on 27 March 1974.

4.  The applicant's 28 December 1976, DD Form 214 (Report of Separation from Active Duty) shows in:

   a.  item 9, block d (Effective Date), "76 12 28 [i.e., 28 December 1976];

   b.  item 15 (Date Entered Active Duty This Period), "74 03 27 [i.e., 27 March 1974];

   c.  item 18 (Record of Service):

(1) block a (Net Active Service This Period), 2 years, 9 months, and
2 days;

       (2)  block d (Prior Inactive Service), 16 days;

   d.  item 27 (Remarks), that a copy of the DD Form 214 was furnished the applicant per his written request; and

	e.  item 29 (Signature of Person Being Separated), he placed his signature on the document.

5.  A DD Form 4 shows the applicant reenlisted in the RA on 29 December 1976.

6.  The applicant's 31 March 1998, DD Form 214 shows in:

   a.  item 12 (Record of Service):

       (1)  block a (Date Entered Active Duty This Period), "1976 12 29
[i.e., 29 December 1976];

       (2)  block b (Separation Date This Period), "1998 03 31 [i.e., 31 March 1998];

       (3)  block c (Net Active Service This Period, "0021 [years], 03 [months], and 02 [days];"


       (4)  block d (Total Prior Active Service), "0002 [years], 09 [months], and
02 [days];"

       (5)  block e (Total Prior Inactive Service), "0000 [years], 00 [months], and
16 [days];"

   b.  item 18 (Remarks), that he had immediate reenlistments this period from
29 December 1979 through 29 December 1982, 30 December 1982 through
14 March 1985, 15 March 1985 through 14 June 1988, and 15 June 1988 through 4 January 1995; and

	c.  item 21 (Signature of Member Being Separated), he placed his signature on the document.

7.  Headquarters, XVIII Airborne Corps, Fort Bragg, NC, Orders 206-0309, dated 25 July 1997, released the applicant from active duty on 31 March 1998 and placed him on the retired list, effective 1 April 1998.  The orders show the date he initially entered military service was 27 March 1974, and that he completed
24 years and 4 days of active service for voluntary retirement and 24 years and 20 days of total service for pay purposes.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's retirement from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12, block a, state enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued to enlisted Soldiers discharged for immediate reenlistment.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the date he entered active duty this period that is shown on his 31 March 1998, DD Form 214 should be corrected to show he entered active duty this period on 27 March 1974.

2.  The governing regulation states that the entry in item 12, block a, will be the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued to a Soldier who is discharged for immediate reenlistment.

3.  The applicant's 28 December 1976, DD Form 214 shows his period of active duty service from 27 March 1974 through 28 December 1976.  It also shows his net active service for the period covered and his prior inactive service.

4.  The applicant's 31 March 1998, DD Form 214 shows his continuous period of active duty service from 29 December 1976 through 31 March 1998.  It also shows his net active service for the period covered, total prior active service, and total prior inactive service.

5.  Records show the applicant's two DD Forms 214 correctly show his creditable military service.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.


2.  As a matter of record, a copy of the 28 December 1976, DD Form 214 will be provided to the applicant in the event he no longer has a copy of the document.




      _______ _   _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)                                         AR20110005535



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ABCMR Record of Proceedings (cont)                                         AR20110005535



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