IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019390
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 change the date he entered active duty from
2 September 1981 to 28 July 1979.
2. The applicant states he enlisted on 28 July 1979 and that date should be shown on his DD Form 214 per his DD Form 2-1 Pesonnel Qualification Record instead of 2 September 1981.
3. The applicant provides copies of his DD Form 214 anditem 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II)
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 record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows on 24 August 1979 the applicant enlisted in the U.S. Army Reserve under the Delayed Enlistment Program (DEP). On 27 August 1979, he was discharged from the DEP and enlisted in the Regular Army (RA) on 28 August 1979 for a period of 3 years. A DD Form 4 shows he reenlisted in the RA on 2 September 1981 for period of 6 years.
3. The applicant was discharged on 27 May 1982. Item 12a (Date Entered AD [Active Duty] this Period) of his DD Form 214 shows he entered active duty on 2 September 1981. Item 12d (Total Prior Active Service) shows he completed 2 years and 4 days of prior active service.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, established 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. It stated for item 12a to enter the beginning date of the enlistment period for which a DD Form 214 was not issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he entered military service on 28 July 1979, not 2 September 1981.
2. There is no available evidence showing the applicant ever entered active duty on 28 July 1979.
3. The available evidence shows the applicant initially enlisted and entered active duty on 28 August 1979. He reenlisted on 2 September 1981. His DD Form 214 properly shows in item 12a the entry 2 September 1981, the date of his last immediate enlistment for which a DD Form 214 was not issued. Item 12d properly shows his 2 years and 4 days of service from his initial enlistment as prior active service.
4. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20110010197
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130019390
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019756
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.
ARMY | BCMR | CY2012 | 20120019212
The applicant states, in effect: * his current DD Form 214 shows an incorrect entry date of 1982 when he actually enlisted on 6 May 1979 thus decreasing his service time by three years * he served a total of 6 years, 3 months, and 19 days * the error was not discovered until he attempted to buy his military service time back for retirement purposes * he never received any medals for his service in Korea 3. The applicant provides: * DD Form 214 * DA Form 2-1 (Personnel Qualification...
ARMY | BCMR | CY2011 | 20110004792
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1995 to show his entry date as 3 September 1975 instead of 3 March 1979. Item 12a of the DD Form 214 for the period ending 30 September 1995 correctly shows the first date of his last immediate reenlistment for which a DD Form 214 was not issued, which is 3 March 1979. His DD Form 214 for the periods ending 2 March 1979 and 30 September 1995...
ARMY | BCMR | CY2009 | 20090018457
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he entered active duty on 16 April 1979, not 20 November 1981. By regulation, DD Forms 214 are issued upon discharge, retirement, or release from the active Army; the DD Form 214 is not issued when a period of active service ends in immediate reenlistment. His discharge date is correctly reflected in Item 12b.
ARMY | BCMR | CY2010 | 20100018129
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 September 1979 instead of 8 June 1984. The applicant provides a DD Form 214. She completed 4 years, 8 months, and 27 days of creditable active military service during this period of initial enlistment.
ARMY | BCMR | CY2009 | 20090011259
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she completed 24 months of continuous active duty service. The applicant's record shows she initially enlisted in the Regular Army for 3 years and entered active duty on 27 April 1979. The evidence of record confirms the applicant initially enlisted in the RA for 3 years and entered active duty on 27 April 1979, and that she continuously served on active duty...
ARMY | BCMR | CY2012 | 20120003905
Application for correction of military records (with supporting documents provided, if any). The applicant requests item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 28 March 1978. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "Enlisted in the Regular Army on 20 March 1978; honorably discharged on 1 October...
ARMY | BCMR | CY2012 | 20120007305
His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), includes a DD Form 4/1 (Enlistment/ Reenlistment Document Armed Forces of the United States) that shows he enlisted in the RA on 13 October 1981 for a period of 4 years. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. There is no evidence of...
ARMY | BCMR | CY2008 | 20080009373
The applicant states, in effect, that he served on active duty continuously from 1 November 1979 through 10 June 1988 and his DD Form 214 did not accurately document this service. The DD Form 214 issued to him at that time shows he completed a total of 3 months and 13 days of active military service during this period. The evidence of record confirms the applicant completed 3 months and 13 days of active duty service from 10 August 1978 to 22 November 1978, as evidenced by his DD Form 214...
ARMY | BCMR | CY2015 | 20150003298
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 30 May 1975 instead of 11 April 1978 and completed 2 years and 7 months of foreign service vice 2 months and 7 days. Although his DD Form 214 is not available for review, he was issued a Certification of Military Service that captured his military service during this period of enlistment. Prior to 1 October 1979, the Army issued a separate DD Form...