IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120001989
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) for the period ending 22 October 1986 to show his date of entry on active duty as 29 August 1973.
2. The applicant states the wrong enlistment date was entered on his DD Form 214.
3. The applicant provides copies of his DD Form 214 for the period ending 22 October 1986, DA Form 2A (Personnel Qualification Record Part I), and DA Form 2-1 (Personnel Qualification Record Part II).
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's record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) that shows he enlisted in the Regular Army on 12 September 1973 following a period of service in the U.S. Army Reserve (USAR) from 29 August 1973 through 11 September 1973. This form also shows he performed no active Federal service during his period of assignment in the USAR.
3. On 28 August 1975, the applicant was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 for the period ending 28 August 1975 shows he completed 1 year, 11 months, and 17 days of active service during this period with 13 days of prior inactive service.
4. On 29 August 1975, the applicant reenlisted in the Regular Army. He continued without a break in service until he was honorably discharged on 22 October 1986. His DD Form 214 for the period ending 22 October 1986 shows he completed 11 years, 1 month, and 24 days of active service during this period with 1 year, 11 months, and 17 days of prior active service and 14 days of prior inactive service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.
6. Army Regulation 635-5, paragraph 2-4, provides instructions for completing the DD Form 214 and states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214 for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 22 October 1986 should be corrected to show his date of entry on active duty as 29 August 1973 was carefully considered.
2. The applicant's records clearly show he enlisted in the Regular Army and entered active duty on 12 September 1973 following a brief period of inactive service in the USAR from 29 August 1973 through 11 September 1973.
3. He was issued a DD Form 214 for his period of active service from 12 September 1973 through 28 August 1975 and a second DD Form 214 for his period of active service from 29 August 1975 through 22 October 1986.
4. His DD Forms 214 accurately account for each period of his active service. He has not demonstrated an error or injustice; therefore, he is not entitled to the requested relief. A copy of the DD Form 214 for the period ending 28 August 1975 will be provided to him.
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 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) AR20120001989
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ABCMR Record of Proceedings (cont) AR20120001989
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