IN THE CASE OF:	  

		BOARD DATE:	    12 December 2013

		DOCKET NUMBER:  AR20130006168 


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) to show in:

* item 11 (Primary Specialty) – he completed 28 years and 1 month in military occupational specialty (MOS) 92G (Food Service Specialist)
* item 12a (Date Entered Active Duty This Period) – 1975

2.  The applicant states he originally entered active duty on 28 August 1975.

3.  The applicant provides:

* DD Form 214 for the period ending 31 August 2003
* DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States)

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 records show he enlisted in the Regular Army on 28 August 1975.  He completed basic combat and advanced individual training and was awarded MOS 94B (Cook), now 92G, on or about 1 November 1975.

3.  He was honorably discharged on 7 August 1978 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 10 days of creditable active service during this period.  He was issued a DD Form 214 (Report of Separation from Active Duty) that captured this period of active duty and listed MOS 94B in item 16a (Primary Specialty Number and Title).

4.  He reenlisted on 8 August 1978 and followed that with several consecutive reenlistments.  He served in a variety of assignments and attained the rank/grade of sergeant major (SGM)/E-9.

5.  He retired on 31 August 2003 and he was placed on the Retired List in the rank/grade of SGM/E-9 on 1 September 2003.  His DD Form 214 for this period shows the following entries:

* item 11 – 92G5O Food Service Specialist, 25 years 1 month
* item 12a – 1978  08  08
* item 12b (Separation Date This Period) – 2003  08  31
* item 12c (Net Active Service This Period) – 0025  00  23
* item 12d (Total Prior Active Service) – 0002  11  10

6.  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 item-by-item guidance for preparation of the DD Form 214.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.

* item 11 shows the primary specialty, title, and years and months in the primary specialty (during the period covered by the DD Form 214)
* item 12a shows the date of the last immediate reenlistment for which a DD Form 214 was not issued
* item 12b shows the Soldier's separation date from active duty
* items 12c and 12d show all service, less time lost time under Title 10, U.S. Code, section 972, and time lost after the expiration of term of service

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the Regular Army on 28 August 1975 as he contends.  He was honorably discharged on 7 August 1978 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 10 days of creditable active military service and he was issued a DD Form 214 for this period.

2.  He reenlisted on 8 August 1978, served through multiple reenlistments, and was honorably retired on 31 August 2003.  He completed 25 years and 23 days of creditable active service during this period with 2 years, 11 months, and 10 days of prior active military service.

	a.  Item 12a of his DD Form 214 correctly shows the entry "1978  08  08" (the date he reenlisted), item 12b correctly shows the entry "2003  08  31" (the date he retired), item 12c correctly shows the entry "0025  00  23" (the total active service from the date he reenlisted to the date he retired), and item 12d shows the entry "0002  11  10" (the total active service prior to the current DD Form 214).

	b.  When combining his net active service shown in item 12c to his prior active service shown in item 12d, it equals 28 years and 4 days of total creditable active service.

	c.  The first DD Form 214 he was issued covering the period 28 August 1975 through 7 August 1978 listed his MOS which was 94B at that time.  At the time this form was processed in 1978 there was no requirement to list the number of years and months served in the MOS.

	d.  The second DD Form 214 he was issued covering the period 8 August 1978 through 31 August 2003 listed his MOS which was 92G at that time.  The period covered by the DD Form 214 equals 25 years and 23 days, rounded up to 25 years and 1 month.  Therefore, item 11 of this form correctly listed the number of years and months served in this MOS during the period covered by this DD Form 214 as 23 years and 1 month.   There is neither an error nor an injustice.

3.  The DD Form 214 is a summary of a Soldier's 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.  Consolidation of two or more periods of service into one DD Form 214 is not authorized.  Both of the applicant's DD Forms 214 correctly reflect his record of service and neither contains an error.  Therefore, there is no basis for granting his requested relief.

4.  A copy of his initial DD Form 214 will be provided to him for 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 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)                                         AR20130006168



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ABCMR Record of Proceedings (cont)                                         AR20130006168



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