BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012342
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 December 1984 to show he entered active duty on 29 September 1974.
2. The applicant states his DD Form 214 shows the date of his second reenlistment as the date he entered active duty.
3. The applicant provides his DD Form 214.
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's records show he enlisted in the Regular Army (RA) on 30 September 1974 and he held military occupational specialty 64C (Motor Vehicle Driver). He was discharged for the purpose of immediate reenlistment on 29 June 1977. He completed 2 years and 9 months of creditable active service.
3. Item 15 (Date Entered Active Duty this Period) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service erroneously shows 29 June 1977 as both the date he entered active duty and the effective date of the DD Form 214. His records contain a DD Form 215 (Correction to DD Form 214), dated 16 July 2009, that corrected item 15 of this DD Form 214 to reflect 30 September 1974.
4. He reenlisted in the RA on 30 June 1977 and he was discharged for the purpose of immediate reenlistment on 8 March 1978. The DD Form 214 he was issued for this period of service shows he completed 8 months and 9 days of creditable active service during this period and he had 2 years and 9 months of prior active service for a total of 3 years, 5 months, and 9 days of total active service.
5. He reenlisted in the RA on 9 March 1978 and he was honorably discharged on 28 December 1984. The DD Form 214 he was issued for this period of service shows he completed 6 years, 9 months, and 17 days of creditable active service during this period and he had 3 years, 5 months, and 9 days of prior active service for a total of 10 years, 2 months, and 26 days of total active service.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of this regulation, in effect at the time, contains guidance on the preparation of the DD Form 214. Item 12a shows the first day of the last immediate reenlistment for which a DD Form 214 was not issued. Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant initially enlisted in the RA on 30 September 1974 and he was discharged on 29 June 1977 for the purpose of immediate reenlistment. He reenlisted in the RA on 30 June 1977 and he was discharged on 8 March 1978 for the purpose of immediate reenlistment. As required by applicable regulations at the time, he was issued two separate DD Forms 214 that captured these periods of active service. A copy of these two DD Forms 214 will be provided to him.
2. On 9 March 1978, he reenlisted in the RA and he was honorably discharged on 28 December 1984. The DD Form 214 he was issued for the period ending 28 December 1984 correctly shows the date he entered active duty for this period of service as 9 March 1978. Therefore, he is not entitled to 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 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) AR20110012342
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110012342
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090002233
A USAICS Form 174, dated 31 March 1978, that shows the applicant successfully completed the Signal Security Specialist Course for military occupational specialty 05G (Signal Security Specialist) on 31 March 1978. c. A DD Form 256A, dated 8 May 1980, and Headquarters, 569th Personnel Service Company (Germany), Orders 130-4, dated 9 May 1980, that show the applicant was honorably discharged from the RA on 8 May 1980 and reenlisted in the RA for a period of 4 years on 9 May 1980. d....
ARMY | BCMR | CY2010 | 20100017971
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) to show he entered active duty on 16 June 1975 instead of 26 December 1978. The applicant states he entered active duty in June 1975 but the date on his DD Form 214 is 26 December 1978 which is the date he reenlisted. His records do contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active...
ARMY | BCMR | CY2011 | 20110010872
The evidence of record shows the applicant initially enlisted in the RA on 22 December 1970. He was issued a DD Form 214 for the period 3 October 1974 through 16 March 1975. He was issued a DD Form 214 for the period 18 December 1978 through 31 January 1988.
ARMY | BCMR | CY2014 | 20140008023
The applicant requests correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards, including the Bronze Star Medal with "V" Device and three oak leaf clusters, the Silver Star, the Army Commendation Medal, and the Meritorious Service Medal. He states he requested verification of his service awards through the National Personnel Records Center (NPRC) and discovered these awards are not listed on his retirement DD Form 214. His...
ARMY | BCMR | CY2009 | 20090002529
The DD Form 214 MC issued at this time shows the applicant served on active duty for six months during this period. Under the earlier provisions of Army Regulation 635-5, the applicant was properly issued DD Forms 214 for his periods of service from 19 September 1972 through 25 November 1973, from 28 July 1976 through 21 December 1977, and 22 December 1977 through 29 November 1978. The applicant is correct that the DOE on the 31 July 1996 DD Form 214 is in error; however, the correct DOE...
ARMY | BCMR | CY2014 | 20140017764
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his entry date as 1 November 1974 vice 31 October 1977. His DD Form 214 correctly captured his military service during this period of enlistment. Prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, or reenlistment.
ARMY | BCMR | CY2009 | 20090003227
The applicants military personnel records contain a DD Form 214 that shows he entered active duty in the RA this period on 14 April 1978 and was honorably retired from active duty on 31 March 1994 based on sufficient service for retirement. The evidence of record further shows that these two periods of inactive and active service are accurately documented on the applicants DD Form 214 with an effective date of 18 March 1971. As a result, the applicant's DD Form 214 with an effective date...
ARMY | BCMR | CY2014 | 20140003368
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) ending on 21 November 1977 to show: * completion of advanced individual training (AIT) at Fort Ord, CA * completion of the Nuclear, Biological, and Chemical (NBC) School in Korea * his signature and that of the officer authorized to sign the form 2. c. Item 26 shows formal in-service training courses completed during the period covered by the DD Form 214. d. Items 29 and 31 show the signatures of...
ARMY | BCMR | CY2012 | 20120022869
Application for correction of military records (with supporting documents provided, if any). 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. His last DD Form 214 correctly shows he entered active duty this period on 7...
ARMY | BCMR | CY2001 | 2001064619C070421
He states that his dates of service on his 1984 DD Form 214 (Certificate of Release or Discharge from Active Duty) are incorrect. The applicant's existing military personnel file, which appears to have been created in 1987 when he returned to active duty for a third time, also contains a DD Form 214 reflecting a period of active duty between 2 June 1977 and 1 September 1984. The evidence suggests the applicant likely was discharged for the purpose of immediate reenlistment on 1 June 1977...