IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120012476
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 (Report of Separation from Active Duty), ending on 8 December 1978, to show he entered active duty (AD) on 12 February 1975.
2. He states, in effect, the above DD Form 214 shows he entered active duty on
24 November 1975. He wants prior service added to this DD Form 214.
3. He provides a copy of his 1978 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 applicants military record shows he enlisted in the Wisconsin Army National Guard (WIARNG), in pay grade E-1, on 12 February 1975.
3. He was ordered to active duty for training (ACDUTRA) and entered active duty on 24 March 1975. He completed training and was awarded military occupational specialty 11B (light weapons infantryman).
4. He was issued a DD Form 214 showing he was honorably released from ACDUTRA on 23 July 1975 and reverted back to the ARNG. He completed
4 months of creditable active service.
5. He enlisted in the Regular Army (RA) on 24 November 1975 for 3 years. He was honorably released from active duty on 8 December 1978 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
6. His DD Form 214 for this period of service shows in:
* Item 15 (Date Entered Active Duty This Period) - "75 11 24"
* Item 18a (Record of Service - Net Active Service This Period) - "3 0 0"
* Item 18b (Record of Service - Prior Active Service) - "0 4 0"
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states:
* Item 15 (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished
* Item 18 shows the record of service
* Item 18a shows the net active service completed during the period covered by the DD Form 214
* Item 18b shows the total prior active service
8. Army Regulation 635-5 states the DD Form 214 is a summary of a Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he enlisted in the WIARNG on 12 February 1975. He entered ACDUTRA on 24 March 1975 and was released from ACDUTRA on 23 July 1975. He completed 4 months of active service and he was issued a DD Form 214 for this period of active service.
2. He enlisted in the RA on 24 November 1975 for 3 years and was released from active duty on 8 December 1978. He completed 3 years of active service and he was also issued a DD Form 214 for this period of active service that captured his current active service as well as his prior active service.
3. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. Consolidation of two or more DD Forms 214 was not authorized at the time of his service. The applicant's 1978 DD Form 214 correctly reflects his record of service and contains no errors. Therefore, there is no basis for granting the requested relief.
4. A copy of his ACDUTRA DD Form 214 will be provided to the applicant for his use/information.
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) AR20120012476
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120012476
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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