BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013781
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 the following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 July 1991:
* item 11 (Primary Specialty) - to list 21 years and 4 months
* item 12a (Date Entered AD (Active Duty) This Period) - to list 28 April 1970
* item12c (Net Active Service This Period) - to list 21 years and 4 months
* item 12d (Total Prior Active Service) - to list 21 years and 4 months
2. The applicant states his basic pay entry date was 28 April 1970. He retired in August 1991 after completing 21 years and 4 months of active service. Calculations on his DD Form 214 reflect the errors in items 11 and 12a, c, and d. Item 11 reflects 20 years and 10 months. His DD Form 214 should be correct because it could affect his retirement pay.
3. The applicant provides two copies of his 1991 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 initially enlisted in the Regular Army (RA) on 28 April 1970 for 3 years. On 25 September 1970, he extended this enlistment for 6 months.
3. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91C (clinical specialist) on 7 October 1970.
4. Special Orders Number 60, issued by Headquarters, William Beaumount General Hospital, dated 27 March 1972, honorably discharged him on 30 March 1972 for the purpose of immediate reenlistment. He was not issued a DD Form 214.
5. He reenlisted in the RA on 31 March 1972 for 6 years. He was honorably discharged on 19 December 1976 for the purpose of immediate reenlistment. Item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) for this period of service shows the entry date of 31 March 1972. He was credited with completing a total of 6 years, 7 months, and 23 days of net active service.
6. He reenlisted in the RA on 20 December 1976 for 6 years. He was honorably discharged on 16 December 1982 for the purpose of immediate reenlistment. He was not issued a DD Form 214.
7. He reenlisted in the RA on 17 December 1982 for 6 years. He was honorably discharged on 5 October 1988 for the purpose of immediate reenlistment. He was not issued a DD Form 214.
8. He reenlisted in the RA on 6 October 1988 for 5 years. He was honorably discharged on 31 July 1991 for length of service for retirement. His DD Form 214 lists in the following items:
* 11 - 91C (Practical Nurse) - 20 years and 10 months
* 12a - the entry date of 6 October 1988
* 12b - the separation date of 31 July 1991
* 12c - 2 years, 9 months, and 26 days
* 12d - 18 years, 5 months, and 8 days
* Item 18 (Remarks) - Immediate Reenlistments This Period: 20 December 1976 through 16 December 1982, 17 December 1982 through 5 October 1988
9. 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. The regulation stated:
* Item 11 would lists all MOSs served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month
* Item 12a - would list the beginning date of the continuous period of active duty for issuance of the DD Form 214 or for which a DD Form 214 was not previously issued
* Item 12b - would list the Soldier's transition date
* Item 12c - would list the amount of service that period, computed by subtracting item 12a from 12b, less time lost
* Item 12d - would list from a previously issued DD Form 214, the total amount of prior active military service, less time lost
* 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 the DD Form 214
DISCUSSION AND CONCLUSIONS:
1. With respect to item 11 of the applicant's DD Form 214 ending on 31 July 1991, the evidence shows he was awarded MOS 91C on 7 October 1970 and served in that MOS through 31 July 1991, a period of 20 years, 9 months, and 24 days which was rounded off to 20 years and 10 months. Therefore, he is not entitled to correction of item 11 of his 1991 DD Form 214.
2. With respect to correction of items 12a, c, and d of his 1991 DD Form 214, the evidence shows the following:
* 28 April 1970 - initially enlisted in the RA for 3 years
* 25 September 1970 - extended this enlistment for 6 months
* 30 March 1972 - discharged for the purpose of immediate reenlistment; issued a DD Form 214
* 31 March 1972 - reenlisted for 6 years
* 19 December 1976 - discharged for the purpose of immediate reenlistment
* 20 December 1976 - reenlisted for 6 years
* 16 December 1982 discharged for the purpose of immediate reenlistment; not issued a DD Form 214
* 17 December 1982 reenlisted for 6 years
* 5 October 1988 - discharged for the purpose of immediate reenlistment; not issued a DD Form 214; not issued a DD Form 214
* 6 October 1988 - reenlisted for 5 years
* 31 July 1991 - discharged for length of service
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. Item 12c would list the amount of service by subtracting item 12a from 12b. Item 12d would list the total amount of prior active military service from a previously issued DD Form 214. 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 the DD Form 214.
4. Item 12b of his 1991 shows the correct beginning date for which he was not issued a DD Form 214. Item 12c shows the correct total of service from 20 December 1976 through 31 July 1991. Item 12d shows the correct amount of prior active service from 28 April 1970 through 5 October 1988. Item 18 correctly shows his reenlistment periods during the period covered by the 1991 DD Form 214. Therefore, items 12a, c, and d of his 1991 DD Form 214 are correct in accordance with Army regulations.
5. In view of the foregoing, he is not entitled to the requested relief.
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) AR20130013781
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ABCMR Record of Proceedings (cont) AR20130013781
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