IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024578
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 dates of prior service shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 1983.
2. He states the DD Form 214 in question shows his prior service dates as "750521-770130," but the earlier date should be 1 May 1975. He states he entered service during the Vietnam War, but the DD Form 214 in question shows only part of his service.
3. He provides his DD Form 214 for the period ending 30 January 1983, a DD Form 4 (Enlistment Contract - Armed Forces of the United States), his DA Form 2-1 (Personnel Qualification Record - Part II), and correspondence from the National Personnel Records Center.
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 enlisted in the Regular Army on 1 May 1975. On 30 January 1977, he was discharged to immediately reenlist.
3. On 31 January 1977, he reenlisted, and, on 30 January 1983, he was honorably discharged by reason of completion of required active service. He completed 7 years and 9 months of total active service.
4. His record includes two DD Forms 214. The first documents his service from 1 May 1975 to 30 January 1977.
5. The second DD Form 214 documents his service from 31 January 1977 to 30 January 1983. Item 18 of this DD Form 214 includes the statement "Immediate reenlistment for this period: 750521-770130."
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. Prior to October 1979, the regulation required issuance of a DD Form 214 when a Soldier was discharged to immediately reenlist. Effective 1 October 1979, the regulation was revised to remove this requirement. The version of the regulation in effect at the time of his discharge in 1983 stated to enter a list of enlistment periods for which a DD Form 214 was not issued.
DISCUSSION AND CONCLUSIONS:
1. The statement "Immediate reenlistment for this period: 750521-770130" entered in item 18 of the applicant's final DD Form 214 inaccurately reflects his date of entry. Further, the statement was not required by regulation as he had been issued a DD Form 214 for the period ending 30 January 1977.
2. In view of the above, it would be appropriate to delete the erroneous statement from his final DD Form 214.
3. The applicant is advised that when he is asked to provide documentation of his military service, he must provide copies of both of his DD Forms 214.
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 deleting "Immediate reenlistment for this period: 750521-770130" from item 18 of his final DD Form 214.
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 the dates of prior service shown in item 18 of his final DD Form 214.
_______ _ __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) AR20110024578
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024578
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019302
The applicant states: * his date of entry was 30 May 1972 * he had no prior service * he served all 21 years and 5 months with no break in service * he had over 5 years of foreign service * he has four awards of the ARCOM * there were orders for the MSM 3. The applicant provides: * orders for the ARCOM, dated 10 June 1993 * DA Form 2-1 (Personnel Qualification Record) * 4 January 1991 enlistment document * orders for the Good Conduct Medal * Letter of Commendation * health records * 1974...
ARMY | BCMR | CY2014 | 20140002554
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show continuous, uninterrupted active duty service from 28 January 1975 through 26 July 1982 and his status as a Vietnam era veteran. The applicant provides: * self-authored statement, dated 31 January 2014 * DD Form 214 for the period ending 28 July 1977 * DD Form 214 for the period ending 26 July 1982 * DA Form 1569 (Transcript of Military Record), dated 21 September 1983 *...
ARMY | BCMR | CY2013 | 20130000073
ARMY | BCMR | CY2008 | 20080010150
The applicant states, in effect, that his DD Form 214 should be corrected to show his correct active duty time. The evidence shows the applicant enlisted in the Regular Army on 17 June 1975 and continued to serve until he was honorably discharged on 30 January 1978, for immediate reenlistment. Therefore, there is no basis to change item 12b, of his DD Form 214, dated 30 March 1982 to show the entry "82 03 31" (31 March 1982).
ARMY | BCMR | CY2013 | 20130012550
Army Regulation 600-8-22 (Military Awards) states: a. The evidence of record shows during the applicants period of service from 22 February 1977 through 21 February 1983 he served in Korea for a period of 11 months and 18 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f of the applicant's DD Form 214 ending on 21 February 1983 the entry, "00 00 00" and adding the entry, "00 11 18" * adding...
ARMY | BCMR | CY2011 | 20110003491
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Delayed Entry Program (DEP) date and his entire military service up through his retirement date. The evidence of record shows that Army Regulation 635-5, in effect at the time of the applicant's discharge, prescribed that a DD Form 214 must be prepared for individuals on discharge for immediate reenlistment. The DD Form 214 for this period of service also correctly shows...
ARMY | BCMR | CY2014 | 20140017764
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his entry date as 1 November 1974 vice 31 October 1977. His DD Form 214 correctly captured his military service during this period of enlistment. Prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, or reenlistment.
ARMY | BCMR | CY2010 | 20100025851
The applicant requests his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 June 1979 be corrected to show that he: * Completed the Chemical Operations Specialist Reclassification Course * Was awarded military occupational specialty (MOS) 54B (Nuclear, Biological, and Chemical Specialist) 2. He was awarded MOS 00E in August 1977 and served in this MOS until he was discharged in June 1979. He did not receive an MOS evaluation in this MOS.
ARMY | BCMR | CY2010 | 20100019997
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the: * Korea Defense Service Medal *...
ARMY | BCMR | CY2006 | 20060006772
The applicant states, in effect, that he was issued separation documents (DD Form 214) that incorrectly show he was discharged from the Army on 17 January 1977, and that he reentered the Army on 29 September 1978. The applicant's Military Personnel Records Jacket (MPRJ) contains an Enlistment Contract-Armed Forces of the United States (DD Form 4), which shows he reenlisted in the RA on 18 January 1977, and the record confirms he remained serving on active duty until 28 September 1978, at...