IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110006751 


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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 August 1992 to show he entered active duty on 16 May 1973 instead of 10 September 1977.

2.  He also requests correction of item 21 (Time Lost (Section 972, Title 10, U.S. Code)) of his DA Form 2-1 (Personnel Qualification Record – Part II) to remove the periods of lost time due to being absent without leave (AWOL) from 24 June to 1 July 1992 and 2 July to 6 July 1992.

3.  He states his initial entry date was 16 May 1973 as verified by his Standard Form 93 (Report of Medical History), Standard Form 88 (Report of Medical Examination), and Standard Form 601 (Immunization Record).  He contends he never received a DD Form 214 for his first 4 years of active duty service.

4.  He provides his Standard Form 93, Standard Form 88, and Standard Form 601.

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.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army on 18 May 1973 for a period of 4 years.  He executed a voluntary 6-month extension on 21 December 1976.

3.  He was discharged on 24 February 1977 for immediate reenlistment.  He was issued a DD Form 214 which shows he entered active duty on 18 May 1973 and was discharged on 24 February 1977 after completing of 3 years, 9 months, and 7 days of active military service.

4.  He reenlisted on 25 February 1977 and continued to serve on active duty through two more reenlistments on 2 October 1981 and 12 August 1987.

5.  His service record contains four DA Forms 4187 (Personnel Action) which show his duty status changed from present for duty to AWOL on 24 June 1992 and he returned to duty on 2 July 1992.  He was AWOL again on 2 July 1992 and returned to duty on 7 July 1992.

6.  Item 21 of his DA Form 2-1 reviewed on 16 August 1990 shows he was AWOL from 24 June to 1 July 1992 and from 2 to 6 July 1992.

7.  He was discharged on 24 August 1992 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) at his expiration of term of service.

8.  His DD Form 214 for the period ending 24 August 1992 shows in:

* item 12a – he entered active duty on 25 February 1977
* item 12c – he completed 15 years and 6 months active service during this period
* item 12d (Total Prior Active Service) – he completed 3 years, 9 months, and 7 days of total prior active service
* item 29 (Dates of Time Lost During This Period) – his lost time from 24 June to 1 July 1992 and 2 to 6 July 1992

9.  The applicant provides a Standard Form 93, Standard Form 88, and Standard Form 601 which show he underwent a pre-entrance medical examination on 4 May 1973.

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation directed that:

	a.  the date he entered active duty would be entered in item 12a of the DD Form 214 and

	b.  the dates of lost time during the current enlistment will be entered on the DD Form 214.  Lost time under Title 10, U.S. Code, section 972, is not creditable service for pay, retirement, or veterans' benefits; however, the Army preserves a record of lost time to explain which service between the date of entry on active duty and the separation date is creditable service for benefits.

11.  Army Regulation 640-2-1 (Personnel Qualification Records) prescribes instructions for preparing and maintaining for the DA Forms 2-1 and 2A.  It states the DA Forms 2-1 and 2A are the basic record for enlisted personnel and will be prepared and maintained for Active Army, U.S. Army Reserve, and Army National Guard enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of item 12a of his DD Form 214 for the period ending 24 August 1992 to show he entered active duty on 16 May 1973 is acknowledged.  However, his service record doesn't include any evidence that indicates he enlisted and entered active duty on 16 May 1973.

2.  The evidence of record shows the applicant enlisted in the Regular Army on 18 May 1973 and was discharged on 24 February 1977 for the purpose of immediate reenlistment (a period of 3 years, 9 months, and 7 days).  He was issued a DD Form 214 that properly covers this period of service.  A copy of this DD Form 214 will be provided to the applicant.

3.  The evidence of record shows he reenlisted on 25 February 1977 and continued to serve on active duty until he was discharged on 24 August 1992.  He was issued a DD Form 214 which correctly reflects the date he entered active duty as 25 February 1977 in item 12a, the date of the first day of the last immediate reenlistment.  Also, this DD Form 214 shows his 3 years, 9 months, and 7 days of total prior active service.

4.  Since the applicant was issued a DD Form 214 which covers his service beginning on 18 May 1973, there is no basis for correcting item 12a of his DD Form 214 for the period ending 24 August 1992.

5.  Based on the governing regulation, the Army preserves a record of lost time to explain which service between the date of entry on active duty and the separation date is creditable service for benefits.  The applicant's inclusive dates of lost time due to AWOL are properly reflected on his DA Form 2-1 and DD Form 214.  Therefore, there is no basis for deleting his period of lost time.

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)                                         AR20110006751



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ABCMR Record of Proceedings (cont)                                         AR20110006751



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