IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110010197 


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 (Report of Separation from Active Duty) to show his served from November 1969 to 11 August 1977.

2.  The applicant states he had a 5-month break in service after 27 June 1969.  The date of his second enlistment was from November 1969 to 11 August 1977.

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States (AUS) on 21 July 1967 and held military occupational specialty (MOS) 05B (Radio Operator).  He was honorably released from active duty on 27 June 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows he completed 1 year, 11 months, and 7 days of active service.

4.  His records contain a DD Form 4 (Enlistment Contract – Armed Forces of the United States) showing he enlisted in the Regular Army (RA) for 3 years on 30 January 1970 after a period of 7 months and 3 days of inactive USAR service.

5.  He was discharged on 29 October 1972 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 2 years and 9 months of active service during this period.  It also shows he had 2 years, 6 months, and 10 days of other service (1 year, 11 months, and 7 days of prior active service and 7 months and 3 days of prior inactive service), for a total of 5 years, 3 months, and 10 days of total service creditable for pay.  He held MOS 97B (Investigator).

6.  He reenlisted in the RA for 5 years on 30 October 1972.  He was honorably discharged on 11 August 1977.  He completed 4 years, 9 months, and 12 days of active service during this period.  The DD Form 214 he was issued for this period of service shows:

* item 9d (Effective Date (of Separation)) – "77  08  11"
* item 15 (Date Entered Active Duty This Period) – "72  10  30"
* item 18 (Record of Service) –

* item 18a (Net Active Service This Period) – "04  09  12"
* item 18b (Prior Active Service) – "04  08  07"
* item 18c (Total Active Service) – "09  05  19"
* item 18d (Prior Inactive Service) – "00  07  02"
* item 18e (Total Service For Pay) – "10  00  21"

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* item 9d shows the date the Soldier's separation was accomplished
* item 15 (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished
* item 18 shows the record of service
* item 18a shows the net active service completed during the period covered by the DD Form 214
* item 18b shows the total prior active service
* item 18c shows the total active service completed by the Soldier

8.  Army Regulation 635-5 states 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 September 1979, a separate DD Form 214 was issued for each period of reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially inducted into the AUS on 21 July 1967 and he was released from active duty on 27 June 1969.  He completed 1 year, 11 months, and 7 days of active service and he was issued a DD Form 214 that captured this period of service.

2.  He enlisted in the RA on 30 January 1970 and he was discharged on 29 October 1972 for the purpose of immediate reenlistment.  He completed 2 years and 9 months of active service during this period and he was issued a DD Form 214 that captured this period of service as well as his prior active service.  He will be provided a copy of this DD Form 214, as it appears he may not have a copy of this form.

3.  He reenlisted in the RA on 30 October 1972 and he was discharged on 11 August 1977.  He completed 4 years, 9 months, and 12 days of creditable active service during this period.

	a.  Item 15 of his last DD Form 214 correctly reflects the entry "72  10  30" (the date he reenlisted), item 9b correctly reflects the entry "77  08  11" (the date he was discharged), item 18a correctly shows the entry "04  09  12" (the total active service from the date he reenlisted to the date he was discharged), and item 18b correctly reflects the entry "04  08  07" which is the applicant's total prior active service.

	b.  When adding his net active service in item 18a to his total prior active service in item 18b, it equals 9 years, 5 months, and 19 days of total creditable active service.

4.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.  Consolidation of two or more DD Forms 214 was not authorized at the time of his service.  The applicant's DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the 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 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)                                         AR20110010197



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ABCMR Record of Proceedings (cont)                                         AR20110010197



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