IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110005543
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 entry date on active duty.
2. The applicant states:
a. his record shows he completed 1 year, 11 months, and 11 days military service from 28 August 1978 through 8 August 1980: and
b. he served on active duty from 28 December 1975 through 8 August 1980, completing 4 years and 8 months service.
3. The applicant provides:
* DD Form 214 (Report of Separation from Active Duty) issued on 27 August 1978 and 8 August 1980
* Self-authored statement
* Army Review Boards Agency letter dated 8 February 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 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 record shows he initially enlisted in the Regular Army (RA) on 29 December 1975 and served until he was honorably discharged on 27 August 1978 for the purpose of immediate reenlistment. The DD Form 214 issued at that time includes the following entries in the indicated items:
* Item 9d (Effective Date) 78 08 27
* Item 15 (Date Entered Active Duty This Period) 75 12 29
* Item 18a (Net Active Service This Period) 02 07 29
3. On 28 August 1978, the applicant reenlisted in the RA and continued to serve until he was discharged on 8 August 1980. The DD Form 214 issued at that time includes the entries in the items indicated:
* Item 12a (Date Entered Active Duty (AD) This Period) 78 08 28
* Item 12b (Separation Date This Period) 80 08 08
* Item 12c (Net Active Service This Period) 01 11 11
* Item 12d (Total Prior Active Service) 02 07 29
4. Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing the date entered active duty states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show he entered military service on 28 December 1975 and completed 4 years and 8 months service.
2. The evidence of record shows the applicant initially enlisted in the RA on 29 December 1975 and this date is correctly reflected on his initial DD Form 214 issued on 27 August 1978. His second DD Form 214 issued on 8 August 1980, his final discharge date, correctly shows he:
* reentered active duty on 28 August 1978
* was discharged on 8 August 1980
* completed 1 year, 11 months, and 11 days service for the period it covered
* completed 2 years, 7 months, and 29 days prior active service
3. During the applicant's tenure on active duty, a DD Form 214 was issued for each period of service upon discharge. The evidence of record confirms his initial DD Form 214 correctly shows he first entered active duty on 29 December 1975 and his final DD Form 214 accurately documents his 4 years, 7 months, and 10 days total active duty service performed from 29 December 1975 - 8 August 1980. As a result his record correctly documents his RA entry date and total active duty service.
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) AR20110005543
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ABCMR Record of Proceedings (cont) AR20110005543
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