IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006406
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, correction of item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 1993.
2. The applicant states, in effect, his DD Form 214 does not show he served
30 years of active service.
3. The applicant provides no additional evidence in support of 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. His Military Personnel Records Jacket (MPRJ) contains three previously issued DD Forms 214 for the following periods of service:
* 1 May 1963 - 30 January 1965
* 31 January 1965 - 24 November 1969
* 25 November 1969 - 28 August 1975
Total continuous service was 12 years, 3 months, and 28 days.
3. His MPRJ contains documents that show he:
* immediately reenlisted on 29 August 1975 for 6 years
* immediately reenlisted on 7 July 1981 for 3 years
* immediately reenlisted on 13 April 1984 for 5 years
* extended his enlistment on 11 July 1988 for 14 months
* extended his enlistment on 18 April 1989 for 1 month
* immediately reenlisted on 28 June 1990 for 2 years
* extended his enlistment for 11 months
4. His DA Form 2339 (Application for Voluntary Retirement) shows continuous active Federal service from 1 May 1963 to 30 April 1993.
5. On 30 April 1993, he was retired and placed on the Retired List the following day. He was issued a DD form 214 for the period 29 August 1975 - 30 April 1993. His DD Form 214 shows in:
* item 12c (Net Active Service This Period) - "17 08 02" (17 years,
8 months, and 2 days)
* item 12d - "01 09 00" (1 year, 9 months, and zero days)
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.
a. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
b. Since 1 October 1979, DD Forms 214 are no longer be issued for immediate reenlistments. All service is continuous from the date the last
DD Form 214 was issued.
DISCUSSION AND CONCLUSIONS:
1. Because the Army did not issue DD Forms 214 for immediate reenlistments after October 1979, the applicant did not receive a DD Form 214 after his immediate reenlistment on 29 August 1975. Only one DD Form 214 was issued to cover the period from 29 August 1975 to 30 April 1993.
2. The entry in item 12c of his DD Form 214 is correct for the period of service from his immediate reenlistment on 29 August 1975 to 30 April 1993, his date of retirement, a period of 17 years, 8 months, and 2 days.
3. His previously issued DD Forms 214 clearly show continuous service from
1 May 1963 to 28 August 1975, a period of 12 years, 3 months, and 28 days. The entry in item 12d of his DD Form 214 with a separation date of
30 April 1993 is clearly incorrect. Therefore, item 12d of this DD Form 214 should be corrected to read "12 03 28" (12 years, 3 months, and 28 days).
4. After the above correction is made, adding the service in item 12c and
item 12d will equal 30 years.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting the entry "01 09 00" in item 12d of his DD Form 214 with a separation date of 30 April 1993 and adding the entry "12 03 28."
_______ _ 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) AR20130006406
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130006406
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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