BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110014774 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1996 to show he entered active service on 21 April 1971.

2.  He states his entry date is 21 April 1971.  He became an officer on 2 October 1987, and his DD Form 214 does not reflect his enlisted service.  He states he needs a new DD Form 214 so his ex-wife can obtain an identification card.

3.  He provides:

* his DD Form 214 for the period ending 31 January 1996
* a DD Form 214WS (DD Form 214 Worksheet)
* a page from his DA Form 2-1 (Personnel Qualification Record)
* his Officer Record Brief
* two reassignment orders
* a DA Form 3592 (Basic Combat Performance Rating Record)
* a CONARC Form 571-R (Scorecard - Basic Physical Fitness, or Inclement Weather/Limited Facility Physical Fitness Tests)
* a Leave and Earnings Statement

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 April 1971.  He enlisted in the Regular Army (RA) on 21 April 1971, and he continued his enlisted RA service until he was ordered to an active duty tour as a warrant officer on 2 October 1987.

3.  His record in the interactive Personnel Electronic Records Management System (iPERMS) includes DD Forms 214 documenting three periods as follows:

* 21 to 26 April 1971
* 27 February 1973 to 22 June 1977
* 23 June 1977 to 1 October 1987

4.  His iPERMS record does not include a DD Form 214 covering the period 27 April 1971 to 26 February 1973, nor does it include his retirement DD Form 214.  

5.  He provides a DD Form 214 covering the period 2 October 1987 to 31 January 1996, which shows he retired honorably in the rank/grade of chief warrant officer two/CW2.  Item 12d (Total Prior Active Service) shows 16 years, 5 months, and 11 days.

6.  He provides a DD Form 214WS showing in:

* item 12a (Date Entered [Active Duty] this Period) – 21 April 1971
* item 12b (Separation Date this Period) – 31 January 1996  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army, including enlisted soldiers discharged to continue on active duty as commissioned or warrant officers.  Earlier versions of the regulation provided that a DD Form 214 would be issued to enlisted members who were discharged to immediately reenlist.  The regulation also provides for use of the DD Form 214WS in preparing the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not show an error in the date of entry or prior service recorded on his retirement DD Form 214.  

2.  The available records include DD Forms 214 covering the following periods of service:

* 21 to 26 April 1971
* 27 February 1973 to 22 June 1977
* 23 June 1977 to 1 October 1987
* 2 October 1987 to 31 January 1996

3.  Although the available records do not include a DD Form 214 covering the period 27 April 1971 to 26 February 1973, this period of service is included on the DD Forms 214 subsequently issued.  In the absence of evidence showing otherwise, it must be presumed he was issued a DD Form 214 covering this period.

4.  From his initial entry on 21 April 1971 through his discharge to accept appointment as a warrant officer on 1 October 1987, he completed 16 years, 5 months, and 11 days of active military service.  This service is properly recorded in item 12d of his retirement DD Form 214.

5.  The applicant provides a DD Form 214WS showing he entered active duty on 21 April 1971.  DD Form 214WS is a work document that serves as a draft of the DD Form 214.  It is not a record document.  

6.  The clerk preparing the DD Form 214WS made an error in the date the applicant entered active duty.  His service prior to being appointed as a warrant officer was documented by previously issued DD Forms 214.  Therefore, the DD Form 214WS should have shown he entered active duty on 2 October 1987.  The error on the DD Form 214WS was identified, and his retirement DD Form 214 properly shows he entered active duty the day after he was discharged from his enlisted status.

7.  The applicant is advised that when he is asked to provide documentation confirming his military service he must provide copies of each of the DD Forms 214 he was issued.

8.  In the absence of evidence showing an error in the date of entry recorded on his DD Form 214 for the period ending 31 January 1996 or that the prior active service shown on the form is incorrect, there is no basis for granting the relief he requests.

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)                                         AR20110014774





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ABCMR Record of Proceedings (cont)                                         AR20110014774



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