IN THE CASE OF:	  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110020114 


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) to show in: 

* Item 12a (Date Entered AD (Active Duty) This Period) from "80  04  25" to "77  04  25"
* Item 12c (Net Active Service This Period) from "03  00  00" to "06  00 00"

2.  The applicant states, in effect, his DD Form 214 contains errors.

3.  The applicant provides:

* Personnel Administration Specialist Course Diploma, dated 10 November 1977
* Orders 101-460, dated 11 April 1979
* DD Form 256A (Honorable Discharge Certificate), dated 24 April 1980
* DD Form 256A, dated 24 April 1983
* 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 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 (USAR) Delayed Entry Program (DEP) on 18 May 1977 for a period of 6 years.  He was discharged from the USAR DEP on 1 June 1977 for the purpose of enlisting in the Regular Army (RA).

3.  On 2 June 1977, he enlisted in the RA for a period of 3 years.  He completed training and he was awarded military occupational specialty 75B (personnel administration specialist).

4.  On 24 April 1980, he was honorably discharged for the purpose of immediate reenlistment.  He completed 2 years, 10 months, and 23 days of creditable active service during this period of service.  On 25 April 1980, he reenlisted for a period of 3 years in the rank/grade of specialist four (SP4)/E-4.

5.  On 24 April 1983, he was honorably discharged at the expiration of his term of service.  The DD Form 214 he was issued at the time shows in:

* item 12a the entry "80  04  25"
* item 12b (Separation Date This Period) the entry "83  04  24"
* item 12c the entry "03  00  00"
* item 12d (Total Prior Active Service) the entry "02 10 23"
* item 18 (Remarks) the entry "None."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 states for:

	a.  item 12a, enter the beginning date of the enlistment period for which a
DD Form 214 was not issued.


	b.  item 12b, enter the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience.

	c.  item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after ETS, if any, are deducted.

	d.  item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter
"00  00  00."

	e.  item 18 (Remarks), enter a list of enlistment periods for which a DD Form 214 was not issued.  Example: Immediate reenlistments this period: 761210 - 791001; 791002 - 821001.

7.  On 15 August 1979, Army Regulation 635-5 was changed, effective 1 October 1979, to the effect that a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the RA. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct item 12a and item 12c of his DD Form 214 has been carefully examined and found to have partial merit.

2.  The applicant enlisted in the RA on 2 June 1977.  He was discharged on
24 April 1980 and immediately reenlisted on 25 April 1980.  At the time of his discharge/reenlistment in the RA the provision for issuing a separate DD Form 214 for Soldiers immediately reenlisting in the RA was eliminated.  As such, he was not issued a separate DD Form 214 for his initial period of service.  Therefore, his item 12a of his DD Form 214 should be corrected to show he entered active duty this period on 2 June 1977.

3.  Based on his continuous period of active duty service he completed 5 years, 10 months, and 23 days of total active service.  Therefore, item 12c of his
DD Form 214 should be corrected accordingly.

4.  Since he was not issued a separate DD Form 214 for his initial period of active duty service, item 12d of his DD Form 214 should also be corrected accordingly.

5.  Additionally, item 18 of his DD Form 214 should be corrected to show his initial period of enlistment.
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 s result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12a of his DD Form 214 the current entry and replacing it with the entry "77  06  02";

	b.  deleting from item 12c of his DD Form 214 the current entry and replacing it with the entry "05  10  23"; and

	c.  deleting from item 12d of his DD Form 214 the current entry and replacing it with the entry "00  00  00."

	d.  deleting from item 18 the current entry and replacing it with the entry
"Immediate reenlistment this period:  770602 - 800424."

2.  The Board further determined that the evidence presented is 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 correcting his DD Form 214 to show in item 12a the entry "77  04  25" and item 12c to show the entry
"06  00  00."



      __________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)                                         AR20110020114



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ABCMR Record of Proceedings (cont)                                         AR20110020114



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