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 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 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120003905
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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