IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110015786 


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 the date entered active duty shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he entered active duty on 5 April 1977 and reenlisted on 7 September 1979.  When he was discharged to reenlist, he was incorrectly issued a DD Form 214 (Report of Separation from Active Duty) for his initial period of active duty.  He attributes this to unqualified personnel who were working in the Personnel Administration Center at the time.  During his retirement processing he was told he would receive a corrected DD Form 214.  However, it has been more than 15 years and he still has not received a corrected document.

3.  The applicant provides copies of his two DD Forms 214 in support of his request.

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 enlisted in the U.S. Army Reserve on 18 March 1977.  He was discharged on 4 April 1977 to enlist in the Regular Army (RA).

3.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the RA for a period of 3 years on 5 April 1977.

4.  U.S. Army Regional Personnel Center Schweinfurt, Orders 250-105, dated
7 September 1979, discharged the applicant from the RA on 6 September 1979 and reenlisted him in the RA for a period of 4 years on 7 September 1979.

5.  A DD Form 214 shows the applicant entered active duty this period on
5 April 1977 and he was honorably discharged on 6 September 1979 to reenlist.  
He completed 2 years, 5 months, and 2 days net active service this period and 17 days of prior inactive service.  Item 29 (Signature of Person Being Separated) shows he placed his signature on the document.

6.  A DD Form 4 shows the applicant reenlisted in the RA on 7 September 1979.

7.  Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, Orders 364-0106, dated 30 December 1993, released the applicant from active duty on 30 April 1994 and placed him on the retired list effective 1 May 1994.  The orders show he completed 17 years and 26 days of active service for voluntary retirement and 17 years, 1 month, and 3 days of total service for pay purposes.

8.  A DD Form 214 shows the applicant entered active duty this period on
7 September 1979 and he was honorably retired from active duty on 30 April 1994.  He completed 14 years, 7 months, and 24 days of net active service this period; 2 years, 5 months, and 2 days of total prior active service; and 17 days of total prior inactive service.  It also shows in:

   a.  item 18 (Remarks) that he had immediate reenlistments this period from
7 September 1979 through 22 March 1985 and 23 March 1985 through 25 June 1991; and

	b.  item 21 (Signature of Member Being Separated) that he placed his signature on the document.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), with an effective date of 1 October 1979, ended the requirement to prepare a
DD Form 214 for enlisted Soldiers being discharged for immediate reenlistment.
10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's retirement from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12, block a, state enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued to enlisted Soldiers discharged for immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the date he entered active duty this period that is shown on his 30 April 1994 DD Form 214 should be corrected to show he entered active duty this period on 5 April 1977.

2.  The applicant's 6 September 1979 DD Form 214 shows his initial period of active duty service from 5 April 1977 through 6 September 1979.  It also shows his net active service for the period covered and his prior inactive service.

3.  On 1 October 1979, the regulatory requirement to prepare a DD Form 214 for enlisted Soldiers being discharged for immediate reenlistment was ended.

4.  The governing regulation states that the entry in item 12, block a, will be the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued to a Soldier who is discharged for immediate reenlistment.

5.  The applicant's 30 April 1994 DD Form 214 shows his continuous period of active duty service from 7 September 1979 through 30 April 1994.  It also shows his net active service for the period covered, total prior active service, and total prior inactive service.

6.  Records show the applicant's two DD Forms 214 correctly show his creditable military service.
7.  In view of the foregoing, there is no basis for granting the applicant's 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.

ABCMR Record of Proceedings (cont)                                         AR20110015786



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ABCMR Record of Proceedings (cont)                                         AR20110015786



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