Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120003905
Original file (20120003905.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120003905 


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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 28 March 1978. 

2.  The applicant states:

* His date of entry is incorrect on his DD Form 214
* His date of entry was 28 March 1978

3.  The applicant provides a copy of his 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's enlistment contract shows he enlisted in the Regular Army on 20 March 1978 for a period of 3 years.  He completed his training and was awarded military occupational specialty 95B (military police).  On 1 October 1979, he was honorably discharged for immediate reenlistment.  He reenlisted in the RA on 2 October 1979 for a period of 3 years.  On 14 July 1980, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 shows in:

* Item 12a – he entered active duty on 2 October 1979
* Item 12b (Separation Date This Period) he was separated on 14 July 1980 
* Item 12d (Total Prior Active Service) he had 1 year, 1 month, and 12 days

4.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect on 1 October 1979 stated:

* In item 12a (Date Entered Active Duty This Period), enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued
* In item 12d (Total Prior Active Service), enter all active service less time lost

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, his entry date on his DD Form 214 be changed from 2 October 1979, his reenlistment date, to 20 March 1978, his actual entry date.

2.  Item 12a of his DD Form 214 is correct.  The 1 October 1979 guidance was to enter in item 12a the date of the first day of the last immediate reenlistment.  His last immediate reenlistment was 2 October 1979.  His service from his first enlistment was then entered as prior active service in item 12d.  However, as an exception, his first enlistment period should be added to item 18 (Remarks) of his DD Form 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 adding the entry "Enlisted in the Regular Army on 20 March 1978; honorably discharged on 1 October 1979 for the purpose of immediate reenlistment" to item 18 of his 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 amending item 12a of his  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)                                         AR20120003905



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003905



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080018527

    Original file (20080018527.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 1 September 1978 instead of 9 November 1979. The DD Form 214 he was issued shows the following entries: a. item 12a (Date Entered Active Duty (AD) This Period) shows the entry “79 11 09”; b. item 12b (Separation Date This Period) shows the entry “85 08 08”; c. item 12c (Net Active Service This Period) shows the entry “05 09 00”; and d. item 12d...

  • ARMY | BCMR | CY2015 | 20150003298

    Original file (20150003298.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 30 May 1975 instead of 11 April 1978 and completed 2 years and 7 months of foreign service vice 2 months and 7 days. Although his DD Form 214 is not available for review, he was issued a Certification of Military Service that captured his military service during this period of enlistment. Prior to 1 October 1979, the Army issued a separate DD Form...

  • ARMY | BCMR | CY2010 | 20100017953

    Original file (20100017953.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 26 June 1975 instead of 3 February 1978. His records also show he reenlisted in the Regular Army for a period of 3 years on 3 February 1978.

  • ARMY | BCMR | CY2010 | 20100026797

    Original file (20100026797.txt) Auto-classification: Denied

    He was issued a DD Form 214 for his period of service from 1 February 1974 to 25 January 1976. He was issued a DD Form 214 for his period of service from 26 January 1976 to 26 October 1978. On 27 October 1978, he immediately reenlisted for a period of 3 years.

  • ARMY | BCMR | CY2011 | 20110001743

    Original file (20110001743.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 6 May 1975 instead of 30 October 1978. The regulation states not to issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. He completed 16 years, 7 months, and 1 day of creditable active service during the period covered by this DD Form 214: * item 12a of his DD Form 214 correctly reflects the entry "1978 10 30," the date...

  • ARMY | BCMR | CY2011 | 20110014692

    Original file (20110014692.txt) Auto-classification: Approved

    The applicant provides his DD Form 214. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. He completed 2 years, 9 months, and 19 days of creditable active service and he should have been issued a DD Form 214 for this period of service.

  • ARMY | BCMR | CY2012 | 20120017917

    Original file (20120017917.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1995 to show in item 11 (Primary Specialty) the entry "20 years" and in item 12 (Record of Service) he entered active duty on 24 February 1975. The applicant provides: * item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) * Honorable Discharge Certificate, dated 28 December 1978 * Certificate of Retirement, dated 1...

  • ARMY | BCMR | CY2010 | 20100014467

    Original file (20100014467.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction to item 12a (Date Entered AD [Active Duty] This Period) and item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1994. Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.

  • ARMY | BCMR | CY2004 | 2004101027C070208

    Original file (2004101027C070208.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. Effective 1 October 1979, the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment was ended. As a result, the Board recommends all Department of the Army Records of the individual concerned be corrected by: a. amending item 12d of his DD Form 214 for the period ending 31 January 1996 to show he had 3 years, 8 months, and 12 days of prior...

  • ARMY | BCMR | CY2009 | 20090020826

    Original file (20090020826.txt) Auto-classification: Denied

    The applicant also requests his total active Army service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 May 1992 be corrected to show he completed 17 years of active service instead of 13 years. The applicant provides copies of: * his DD Form 214 with a separation date of 18 May 1992 * his DD Form 214 with an effective date of 29 October 1978 * eight pages from his military personnel record CONSIDERATION OF EVIDENCE: 1. He was issued...