IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020417
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 12a. that he entered active duty on 5 May 1971 instead of 4 April 1977.
2. The applicant states that he enlisted in the Army at Fort Hamilton, New York on 4 April 1971; however, his DD Form 214 shows that he entered active duty in 1977.
3. The applicant provides no additional documents with his application.
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 was inducted at Fort Hamilton, New York on 5 May 1971. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a military policemen at Fort Gordon, Georgia.
3. On 2 January 1973 he was honorably discharged for the purpose of immediate reenlistment and would have been issued a DD Form 214, but it is not available. On 3 January 1973 he reenlisted for a period of 4 years. He extended that enlistment for a period of 6 months on 19 December 1973
4. On 3 April 1977 he was honorably discharged for the purpose of immediate reenlistment and would have been issued a DD Form 214, but it is not available. On 4 April 1977 he reenlisted for a period of 6 years. He remained on active duty through continuous reenlistments and was promoted to the pay grade of E-7 on 1 February 1989.
5. On 31 July 1991 he was honorably retired and was transferred to the Retired List effective 1 August 1991. He had served 20 years, 2 months and 26 days of active service. His DD Form 214 issued at the time of his retirement shows that he entered active duty on 4 April 1977 and that he served 14 years, 3 months and 27 days of net active service this period and 5 years, 10 months and 29 days of prior active service.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect active service that is performed during the period covered by the DD Form 214 and will reflect prior active service as well. However, effective 1 October 1979 the regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day. A DD Form 214 may not be issued to cover a period of service already documented by a previously-issued DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and were found to lack merit. The applicant was issued DD Forms 214 up to 3 April 1977 in accordance with the regulation in effect at the time.
2. Following the period his last DD Form 214 was issued the regulation changed and provided that the DD Form 214 would no longer be issued for immediate reenlistments. Accordingly, his service began (for the purpose of issuing DD Forms 214) the day following the issuance of his last DD Form 214.
3. Accordingly, his DD Form 214 was properly prepared in accordance with the applicable regulation and properly reflects that he entered this period of active duty on 4 April 1977.
4. As a matter of information for the applicant, if the total prior active service in block 12d is subtracted from the date in block 12a, it will result in the date the applicant originally entered active duty.
5. Accordingly, the applicants DD Form 214 is properly prepared, reflects all of his service and there is no error in his case to be corrected. Therefore, there is no basis to grant his request.
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) AR20120020417
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ABCMR Record of Proceedings (cont) AR20120020417
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