IN THE CASE OF:	  

		BOARD DATE:  18 October 2012

		DOCKET NUMBER:  AR20120007305 


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, in effect, correction of item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 October 1985.

2.  The applicant states his DD Form 214 covering his second enlistment period should show he entered active duty on 10 October 1979 instead of 10 October 1981.

3.  The applicant provides a copy of his DD Form 214 for the period ending
10 October 1985.

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 initially enlisted in the Regular Army (RA) on 11 December 1969.  He completed training and he was awarded military occupational specialty (MOS) 76Y (armor/unit supply specialist).  He continued to serve until he was honorably released from active duty (REFDRAD) on 4 December 1972 by reason of early separation from overseas service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows he completed 2 years, 11 months, and 24 days of total active service.

3.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he served in the USAR from 4 December 1972 through
10 December 1975.  It also shows he enlisted in the USAR Delayed Entry Program (DEP) from 19 August through 12 October 1981.

4.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), includes a DD Form 4/1 (Enlistment/
Reenlistment Document – Armed Forces of the United States) that shows he enlisted in the RA on 13 October 1981 for a period of 4 years.

5.  On 13 October 1981, the applicant again enlisted in the RA.  He was trained in and awarded MOS 11B (infantryman).

6.  On 10 October 1985, the applicant was honorably discharged at the expiration of his term of service (ETS).  The DD Form 214 he was issued for this period of service shows in:

* item 12a – "81 10 13"
* item 12b (Separation Date This Period) – "85  10  10"
* item 12c (Net Active Service This Period) – " 03  11  28"
* item 12d (Total Prior Active Service) – "02  11  24"
* item 12e (Total Prior Inactive Service) – "03  00  06"

7.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of this regulation contains item-by-item instructions for completing the DD Form 214.  It states for:

* item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued
* item 12b, self-explanatory
* 
item 12c, all service entered will be less time lost under Title 10, U.S. Code, section 972 and time lost after ETS
* item 12d, all service entered will be less time lost under Title 10, U.S. Code, section 972 and time lost after ETS
* item 12e, all service entered will be less time lost under Title 10, U.S. Code, section 972 and time lost after ETS

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 10 October 1985 should show he entered active duty this period on 10 October 1979.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant initially served on active duty from 11 December 1969 through 4 December 1972, as evidenced by the DD Form 214 he was issued covering that period of service and showing he completed 2 years, 11 months, and 24 days of total active service.

3.  His record contains a DD Form 4/1 that shows he was discharged from the USAR DEP on 12 October 1981 and he again enlisted in the RA on 13 October 1981 for a period of 4 years.  On 10 October 1985, he was honorably discharged at his ETS.  Item 12a of the DD Form 214 he was issued for his second period of active duty service accurately shows he enter active duty this period on
13 October 1981.

4.  There is no evidence of record and the applicant did not provide any evidence that he served any period of active duty service between 4 December 1972, the date of his REFRAD from his first RA enlistment, and 13 October 1981, the beginning date of his reentry in the RA.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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 that 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)                                         AR20120007305



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ABCMR Record of Proceedings (cont)                                         AR20120007305



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