IN THE CASE OF:	  

		BOARD DATE:	 12 January 2012 

		DOCKET NUMBER:  AR20110013981 


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 31 January 1995 to show he entered active duty on 4 November 1974.

2.  The applicant states his DD Form 214 shows he entered active duty in 1977 when he actually entered the Army on 4 November 1974.

3.  The applicant provides:

* his DD Form 214 with separation date of 31 January 1995
* his orders, dated 4 November 1974, for his enlistment
* Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record)

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.  Item 57 (Oath of Enlistment) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he initially enlisted in the Regular Army on 4 November 1974 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76D (Materiel Supplyman).  He had previously served 1 year, 4 months, and 1 day of active service in the U.S. Marine Corps (USMC) and 26 days of inactive service in the USMC Reserve.

3.  On 30 August 1977, he was honorably discharged for immediate reenlistment. He was issued a DD Form 214 for the period of service from 4 November 1974 to 30 August 1974.  His DD Form 214 shows in:

* item 9d (Effective Date) - 77 08 30 (1977 August 30)
* item 15 (Date Entered Active Duty This Period) - 74 11 01 (1974 November 1)
* item 18(a) (Net Active Service This Period) - 02 10 00 (2 years, 
10 months, and zero days)
* item 18(b) (Prior Active Service) - 01 04 01 (1 year, 4 months, and 1 day)
* item 18(c) (Total Active Service) - 04 02 01 (4 years, 2 months, and 
1 day)
* item 18(d) (Prior inactive Service) - 00 06 19 (zero years, 6 months, and 19 days)
* item 18(e) (Total Service For Pay) - 04 08 20 (4 years, 8 months, and 
20 days)

 4.  A DD Form 4 shows he was immediately reenlisted on 31 August 1977 for a period of 4 years.  He subsequently reenlisted on 24 November 1981 and 
2 August 1988.  

5.  A DA Form 2339 (Application for Voluntary Retirement), dated 22 June 1994, shows he had 26 days of inactive service in the USMC Reserve.  No other inactive service is shown during his military career.
 
6.  On 31 January 1995, he was retired by reason of sufficient service for retirement and he was placed on the Retired List the following day.  He was issued a DD Form 214 for the period of service from 31 August 1977 through 
31 January 1995.  His DD Form 214 shows in:

* item 12a (Date Entered AD (active duty) This Period) - 77 08 31 (1977 August 31)
* item 12d (Total Prior Active Service) - 04 01 28 (4 years, 1 month, and 
28 days)
* item 12e (Total Prior Inactive Service) - 00 00 26 (zero years, zero months, and 26 days)

7.  Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of their retirement, discharge, or release from the Active Army.

8.  Army Regulation 635-5, effective 1 October 1979, stated that effective 
1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last 
DD Form 214 was issued.  This regulation states for:

* item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted
* item 12d, from previously issued DD Forms 214, enter total amount of prior active military service, less time lost, if any

9.  Department of Defense Financial Management Regulation (DODFMR) 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month.  When subtracting the beginning day of service from the ending date of service 1 day is added to account for the inclusive date.

DISCUSSION AND CONCLUSIONS:

1.  Based on his DD Form 4, dated 4 November 1974, the date in item 15 of his DD Form 214 with an effective date of 30 August 1977 is incorrect.  Item 15 should read 74 11 04 (1974 November 04) instead of 74 11 01.

2.  Based on the above correction the net service in item 18a must be recomputed by subtracting the corrected date in item 15 from the date in item 9d.

  1977 08 30
(Effective date of separation)
- 1974 11 04
(Corrected date of entry)
2 09 26

+                1
(Inclusive date)
2 09 27
(Total)
Therefore item 18a of his DD Form 214 with an effective date of 30 August 1977 should show the entry 02 09 27 (2 years, 9 months, and 27 days).

3.  The total active service is computed by adding items 18a and 18b.

02 09 27
(corrected item 18a)
+ 01 04 01
(item 18b)
04 01 28
(total)
Therefore, the entry in item 18c of his DD Form 214 with an effective date of 
30 August 1977 should show the entry 04 01 28.

4.  Based on his DA Form 2339, the entry in item 18d of his DD Form 214 with an effective date of 30 August 1977 is incorrect.  The form shows he had 26 days of inactive service prior to his enlistment on 4 November 1974.  Therefore, the entry in item 18d should be corrected to read 00 00 26.

5.  The total service for pay is computed by adding items 18c and 18d.  

04 01 28
(item 18c)
+ 00 00 26
(corrected item 18d)
04 02 24
(total)
Therefore, the entry in item 18e of his DD Form 214 with an effective date of 
30 August 1977 should be corrected to read 04 02 24 (4 years, 2 months, and 
24 days).

6.  The entry in item 12a of his DD Form 214 for the period ending 31 August 1995 is the beginning date of the enlistment period for which a DD Form 214 had not been issued.  Therefore, because the ending date of his previous
DD Form 214 is 30 August 1977, the date 31 August 1977 in item 12a of his last DD Form 214 is correct.  Additionally, the entry 04 01 28 in item 12d accounts for his period of service from 4 November 1974 through 30 August 1977 and his active service in the USMC.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the following items on his DD Form 214 with an effective date of 
30 August 1977:

* item 15 - change to read 74 11 04
* item 18a - change to read 02 09 27
* item 18c - change to read 04 01 28
* item 18d - change to read 00 00 26
* item 18e - change to read 04 02 24

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the entry date on his 
DD Form 214 with a separation date of 31 January 1995.  




      _______ _   _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)                                         AR20110013981



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ABCMR Record of Proceedings (cont)                                         AR20110013981



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