IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002323
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 1 November 1985 to show the date he entered active duty as 4 November 1975 instead of 31 May 1978 and to show he completed the Hercules Fire Control Crewmember Course in 1976.
2. He states his DD Form 214 doesn't reflect his correct active duty entry date and doesn't include his military occupational specialty (MOS) 16C3O (Hercules Fire Control Crewmember) training.
3. He provides his DD Form 214 for the period ending 1 November 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's DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows he enlisted in the Regular Army on 6 November 1975.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
* item 6 (MOS's), he was awarded MOS 16C on 11 March 1976
* item 17 (Civilian Education and Military Schools), he completed 7 weeks of Hercules Fire Control Crewman training in 1976
* item 35 (Record of Assignments), he entered active service on 6 November 1975
4. He was discharged on 30 May 1978 for immediate reenlistment.
5. His DD Form 214 for the period ending 30 May 1978 shows in:
* item 15 (Dated Entered Active Duty This Period), he entered active duty on 6 November 1975
* item 16a (Primary Specialty Number and Title), he was awarded primary MOS 16C1O on 11 March 1976
* item 18 (Record of Service), he completed 2 years, 6 months, and 25 days of active military service during this period
* item 27 (Remarks), he completed formal in-service training for MOS 16C1O in 1976
6. He reenlisted on 31 May 1978 and continued to serve until he was honorably discharged on 1 November 1985.
7. His DD Form 214 for the period ending 1 November 1985 shows in:
* item 12a (Date Entered Active Duty This Period), he entered active duty on 31 May 1978
* item 12c (Net Active Service This Period), he completed 7 years, 5 months, and 1 day of active service during this period
* item 12d (Total Prior Active Service), he completed 2 years, 6 months, and 24 days of total prior active service
* item 14 (Military Education), no entry indicating he completed Hercules Fire Control Crewman training
8. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. It states that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. Effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and all service would be continuous from the date the last DD Form 214 was issued. This regulation also provides that item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 6 November 1975 and he was discharged on 30 May 1978 for the purpose of immediate reenlistment (a period of 2 years, 6 months, and 25 days). He was issued a DD Form 214 that covers this period of service and properly shows he completed qualification training for MOS 16C in 1976.
2. The evidence of record shows he reenlisted on 31 May 1978 and continued to serve on active duty until he was discharged on 1 November 1985. He was issued a DD Form 214 which correctly reflects the date he entered active duty for this period as 31 May 1978 in item 12a, the date of the first day of the last immediate reenlistment. This DD Form 214 also shows he completed 2 years, 6 months, and 24 days total prior active service.
3. Since his DD Forms 214 correctly reflect the respective dates he entered active duty, there is no basis for correcting them.
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 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) AR20130002323
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130002323
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