IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014709
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 December 1982, be corrected to show that he entered active duty on 18 February 1970 and his correct amount of service.
2. The applicant states that he entered the Army on 18 February 1970; however, his last DD Form 214 does not reflect the correct date he entered active duty or his correct amount of service. He further states that it affects his identification of his proper amount of service and his Social Security and Veterans benefits.
3. The applicant provides copies of three DD Forms 214 and a letter explaining his application.
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 was inducted into the Army of the United States in San Juan, Puerto Rico on 18 February 1970. He completed his training and was transferred to Vietnam on 21 October 1970.
3. On 7 September 1971, he was honorably discharged for the purpose of immediate reenlistment and he was issued a DD Form 214 showing that he had served 1 year, 6 months, and 20 days of active service.
4. On 8 September 1971, he reenlisted for a period of 4 years and served until he was honorably discharged on 26 June 1975 for the purpose of immediate reenlistment. He was issued a DD Form 214 showing that he had served 3 years, 9 months, and 19 days of active service during his current enlistment and 1 year, 6 months, and 20 days of prior active service.
5. On 27 June 1975, he reenlisted for a period of 6 years and assignment to the Caribbean Area. He was subsequently assigned to Panama.
6. On 12 May 1981, he was honorably discharged for the purpose of immediate reenlistment. He was not issued a DD Form 214 at that time and on 13 May 1981 he again reenlisted for a period of 4 years and assignment to Panama.
7. On 15 December 1982, he was honorably discharged under the provisions of Army Regulation 635-200. His DD Form 214 issued at the time of his discharge shows that he entered active duty this period on 27 June 1975, that he had served 7 years, 5 months, and 19 days of active service this period and that he had 5 years, 4 months, and 9 days of prior active service which equals 12 years, 9 months, and 27 days of active service.
8. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. The regulation in effect at the time the applicant was inducted in 1970 provided that a DD Form 214 would be issued for each period of service when a discharge was issued, to include immediate reenlistments. However, effective 1 October 1979 the regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day. A DD Form 214 may not be issued to cover a period of service already documented by a previously-issued DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214, dated 15 December 1983, should be corrected to reflect that he entered active duty on 18 February 1970 and that all of his service should be reflected on this DD Form 214 has been considered and found to lack merit.
2. The applicant was issued DD Forms 214 in accordance with the regulations in effect at the time and all of the applicants service was accounted for on each of his DD Forms 214.
3. The applicants last DD Form 214 properly reflects the period from which a previous DD Form 214 was issued and accounts for all of the applicants service. His DD Form 214 shows that he had served 7 years, 5 months, and 19 days of active service this period and 5 years, 4 months, and 9 days of prior active service which equals to 12 years, 9 months, and 27 days of active service.
4. The applicant initially enlisted in the Regular Army on 18 February 1970 and served continuously until his discharge on 15 December 1982, which is 12 years, 9 months, and 27 days of active service.
5. Therefore, in the absence of evidence to the contrary, there appears to be no error or injustice in his case and no basis to grant his request.
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.
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