BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130010045 


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 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 April 1985, to reflect the entry date of 8 January 1976.

2.  The applicant states:

	a.  He was in the U.S. Army Reserve Delayed Entry Program (DEP) and entered the service on 8 January 1976.  Item 12b of his 1985 DD Form 214 has an entry date of 2 August 1979 and it should be 9 March 1976.  Due to home conditions he entered active duty on 8 January 1976.  He graduated from high school either on the 1st or 2nd of January 1976.  

	b.  During his junior year his grandparents sent him to join the Army in the DEP.  On 8 January 1976, he underwent a physical examination and was sworn in.  He was then assigned to Fort Dix, NJ, for basic training.  He believes his 1985 DD Form 214 discharge should reflect the entry date of 8 January 1976.  He is attaching Department of the Army orders showing his correct date of entry.

3.  The applicant provides:

* 1976 DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) (3 pages)
* 1978 DD Form 4 (1 page)
* two DD Forms 214 (Report of Separation from Active Duty), ending 18 September 1978 and 1 August 1979
* Permanent Orders (PO) Number 074-005
* Order Number 190-398
* Orders Number 214-317 (2 copies)
* PO Number 261-005
* Sample completed DD Form 214

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 DEP on 8 January 1976 and was discharged from the DEP on 8 March 1976.  He enlisted in the Regular Army (RA) on 9 March 1976 for 3 years.  He completed training and was awarded military occupational specialty 71F (postal clerk).

3.  He was honorably discharged on 18 September 1978 for the purpose of immediate reenlistment.  Item 15 (Date Entered Active Duty This Period) of his DD Form 214 for this period of service shows the entry date of 9 March 1976.

4.  He reenlisted in the RA on 19 September 1978 for 3 years. 

5.  He provided copies of the following:

* PO Number 074-005, dated 15 March 1979, awarding him the Army Good Conduct Medal
* Orders Number 190-398, dated 9 July 1979, assigning him to Germany

6.  He was honorably discharged on 1 August 1979 for the purpose of immediate reenlistment.  Item 15 of his DD Form 214 for this period of service shows the entry date of 19 September 1978.  

7.  He reenlisted in the RA on 2 August 1979 for 3 years.

8.  He also provided copies of the following:

* Orders Number 214-317, dated 2 August 1979, discharging him from the RA effective 1 August 1979
* PO Number 261-005, dated 18 September 1979, awarding him the Drivers Badge

9.  On 18 March 1980, he extended his 2 August 1979 3-year reenlistment for 4 additional months.

10.  Orders Number 295-129 were issued by Headquarters, 101st Airborne Division, on 2 November 1982, discharging him from the RA effective 2 November 1982 for the purpose of immediate reenlistment.  

11.  He reenlisted in the RA on 3 November 1982 for 6 years.  He was honorably discharged in pay grade E-5 on 29 April 1985.  His DD Form 214 shows in:

* Item 12a – the entry date of 2 August 1979
* Item 18 (Remarks) – Immediate Reenlistment for this period: 2 August 1979 through 2 November 1982

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  Effective 1 October 1979, a DD Form 214 was not prepared on Soldiers who have been discharged for the purpose of immediate reenlistment.  The regulation stated:

* Item 12a would list the beginning date of the continuous period of active duty for issuance of this DD Form 214 or for which a DD Form 214 was not previously issued
* Item 18 would list the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify dates for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the DEP on 8 January 1976.  Service in the DEP is not active duty service.  He enlisted in the RA on 9 March 1976 and was discharged on 18 September 1978 for the purpose of immediate reenlistment.  He was issued a DD Form 214 that properly shows he entered active duty on 9 March 1976.  He reenlisted in the RA on 19 September 1978 and was discharged on 1 August 1979.  He was issued a 
DD Form 214 that properly shows he entered active duty on 19 September 1978.

2.  He again reenlisted in the RA on 2 August 1979 and was discharged on 2 November 1982.  He was not issued a DD Form 214 because on 1 October 1979 the Army discontinued the issuance of a separate DD Form 214 for immediate reenlistments.  He further reenlisted in the RA on 3 November 1982 and was honorably discharged on 29 April 1985.  He was issued a DD Form 214 showing in item 12a an entry date of 2 August 1979.

3.  In accordance with regulatory guidance item 12a of the DD Form 214 would list the beginning date of the continuous period of active duty for which a 
DD Form 214 was not previously issued and item 18 would list the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the dates for enlisted Soldiers with more than one enlistment period during the time covered by that DD Form 214.

4.  Item 12b of his DD Form 214 ending on 29 April 1985 shows the correct beginning date for which he was not issued a DD Form 214.  Item 18 of his 1985 DD Form 214 also correctly shows his reenlistment period during the period covered by that DD Form 214.  Therefore, item 12b of his 1985 DD Form 214 is correct in accordance with Army regulations.  

5.  In view of the foregoing, he is not entitled to correction of item 12a of his 
DD Form 214 ending on 29 April 1985.

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)                                         AR20130010045



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ABCMR Record of Proceedings (cont)                                         AR20130010045



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