IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110010872
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 to Item 12a (Date Entered AD [active duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 January 1988.
2. He states that he entered the Army in 1970 and his DD Form 214 shows he entered in 1978.
3. He 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 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), in pay grade E-2, on 22 December 1970, with prior U.S. Marine Corps enlisted service.
3. He was honorably discharged on 2 October 1974 for the purpose of immediate reenlistment. He was issued a DD Form 214 (Report of Separation from Active Duty) showing in:
* Item 15 (Date Entered Active Duty This Period) the entry "70 12 22" indicating he entered active duty this period on 22 December 1970.
4. On 3 October 1974, he reenlisted in the RA. He was honorably discharged on 16 March 1975 for the purpose of immediate reenlistment. He was issued a DD Form 214 showing in:
* Item 15 (Date Entered Active Duty This Period) the entry "74 10 03" indicating he entered active duty this period on 3 October 1974.
5. On 17 March 1975, he reenlisted in the RA. He was honorably discharged on 17 December 1978 for the purpose of immediate reenlistment. He was issued a DD Form 214 showing in:
* Item 15 (Date Entered Active Duty This Period) the entry "75 03 17" indicating he entered active duty this period on 17 March 1975.
6. On 18 December 1978, he reenlisted in the RA. He was honorably retired on 31 January 1988. He was issued a DD Form 214 showing in:
* Item 12a the entry "78 12 18" indicating he entered active duty this period on 18 December 1978.
7. Item 18 (Remarks) of this DD Form 214 lists the dates of his immediate reenlistment as 18 December 1978 through 18 July 1974.
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. 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. There are no provisions in accordance with Army Regulation 635-5 to consolidate two or more DD Forms 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant initially enlisted in the RA on 22 December 1970. He was discharged on 2 October 1974 for the purpose of reenlistment. He was issued a DD Form 214 for the period 22 December 1970 through 2 October 1974.
2. He reenlisted in the RA on 3 October 1974 and he was discharged on 16 March 1975 for the purpose of reenlistment. He was issued a DD Form 214 for the period 3 October 1974 through 16 March 1975.
3. He again reenlisted in the RA on 17 March 1975 and he was discharged on 17 December 1978 for the purpose of reenlistment. He was issued a DD Form 214 for the period 17 March 1975 through 17 December 1978.
4. He again reenlisted in the RA on 18 December 1978 and served continuously until he was retired on 31 January 1988. He was issued a DD Form 214 for the period 18 December 1978 through 31 January 1988.
5. In accordance with regulatory guidance his DD Form 214 ending on 31 January 1988 correctly reflects the date he entered active duty on and contains no errors. Based on the foregoing, there is no basis for granting the applicant's requested relief. Consolidation of two or more DD Forms 214 is not authorized.
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) AR20110010872
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ABCMR Record of Proceedings (cont) AR20110010872
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