BOARD DATE:	16 May 2013  

		DOCKET NUMBER:  AR20120017917 


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 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.

2.  The applicant states he entered active duty on 24 February 1975 and he retired from active duty on 28 February 1995; however, his DD Form 214 does not show he completed 20 years of active duty for retirement.  He states he applied for a sheriff's office position; however, when he turned in his application it was brought to his attention that his DD Form 214 does not show 20 years of service which makes his claim of 20 years of service false.  He would like his
DD Form 214 corrected so his employment can be completed.

3.  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 March 1995
* DD Form 214 for the period ending 28 February 1995


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 enlisted in the Regular Army (RA) on 25 February 1975 for a period of 4 years.

3.  Records show that on 28 December 1978, the applicant was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 (Report of Separation from Active Duty) he was issued at the time shows in:

	a.  item 16a (Primary Specialty Number and Title) the entry "13B1O  Awd [Awarded] 750613  FA (Field Artillery) Crewman";

	b.  item 18a (Net Active Service This Period) the entry "03  10  04"
(i.e., 3 years, 10 months, and 4 days);

	c.  item 18b (Prior Active Service) the entry "00  00  00" (indicating no prior active service); and

	d.  item 18c (Total Active Service) the entry "03  10  04" (i.e., 3 years,
10 months, and 4 days).

4.  On 29 December 1978, he reenlisted in the RA for a period of 3 years.  He continued to serve through subsequent reenlistments and/or extensions.

5.  On 28 February 1995, he was retired by reason of sufficient service for retirement.  The DD Form 214 he was issued at the time shows in:

	a.  item 11, the entry "13B4X  CANNON CREWMEMBER  19 YRS 7 MOS."


	b.  item 12a (Date Entered Active Duty This Period) the entry "78  12  29"
(i.e., 29 December 1978).

	c.  item 12b (Separation Date This Period) the entry "95  02  28"
(i.e., 28 February 1995).

	d.  item 12c (Net Active Service This Period) the entry "16  02  00"
(i.e., 16 years, 2 months, and 0 days).

	e.  item 12d (Total Prior Active Service) the entry "3  10  4" (i.e., 3 years,
10 months, and 4 days)

6.  In support of his application the applicant provides:

	a.  item 35 of his DA Form 2-1 that shows he entered basic training on
25 February 1975;

	b.  an Honorable Discharge Certificate that shows he was honorably discharged from the U.S. Army on 28 December 1978; and

	c.  a Certificate of Retirement that shows he was retired from the U.S. Army on 1 March 1995.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's initial enlistment, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for:

	a.  item 16a, enter the MOS code, title, and date of award;

	b.  item 12a, enter the net active service this period;

	c.  item 12b, enter prior active service; and

	d.  item 12c, enter the total active service by adding item 12a and item 12b.

8.  Army Regulation 635-5, effective 1 October 1979, ended the requirement to prepare a separate DD Form 214 for enlisted Soldiers being discharged for immediate reenlistment.


9.  Army Regulation 635-5, in effect at the time of the applicant's retirement from active duty, stated for:

	a.  item 11, Enter the MOS codes, titles, and years and months for enlisted personnel.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training;

	b.  item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued;

	c.  item 12b, enter the Soldier's transition date;

	d.  item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b; and

	e.  item 12d, from previously-issued DD Forms 214, enter the total amount of prior active military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 28 February 1995 does not show he completed 20 years of active duty service.

2.  The applicant's DD Form 214 for the period ending 28 December 1978 shows his initial period of active duty service from 25 February 1975 through
28 December 1978.  It shows he was awarded MOS 13B on 13 June 1975.  It also shows he completed 3 years, 10 months, and 4 days of total active service at the time of the issuance of this DD Form 214.  He will be provided a copy of this DD Form 214.

3.  On 1 October 1979, the regulatory requirement to prepare a DD Form 214 for enlisted Soldiers being discharged for immediate reenlistment ended.

4.  The applicant's DD Form 214 for the period ending 28 February 1995 shows his continuous period of active duty service from 29 December 1978 (the date of his first reenlistment) through 28 February 1995 (the date of his retirement).

	a.  Item 11 appropriately shows that from the time he was awarded MOS 13B until his retirement, he held this MOS for 19 years and 7 months.

	b.  item 12c shows he completed 16 years and 2 months of active service during the period covered by this DD Form 214.  Item 12d shows he completed


3 years, 10 months, and 4 days of total prior active service that was carried forward from his DD Form 214 for the period ending 28 December 1978.  By adding the applicant's total prior active serve to his net active service this period, his final DD Form 214 for the period ending 28 February 1995 in effect shows he completed 20 years and 4 days of total active service.

5.  In view of the foregoing, there is an no 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)                                         AR20120017917



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ABCMR Record of Proceedings (cont)                                         AR20120017917



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