BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130020768


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to consolidate his entire service from     19 March 1976 through 31 May 1996.

2.  The applicant states the first date on his DD Form 214 (1978) refers to the date he first reenlisted.

3.  The applicant provides pages 1, 3, and 4 of his DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 19 March 1976.

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.  On 22 March 1976, the applicant enlisted in the Regular Army.  

3.  On 11 December 1978, he was honorably discharged from the Army.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 8 months, and 20 days of total active service.  

4.  On 12 December 1978, he reenlisted in the Regular Army.  He served through numerous periods of reenlistment and/or extension, through a variety of progressive assignments, and on 1 July 1993, he attained the rank/grade of master sergeant (MSG)/E-8. 

5.  On 31 May 1996, he was honorably retired from the Army at the conclusion of 20 years, 2 months, and 9 days of active service.  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered Active Duty (AD) This Period), "1978  12  12"
* Item 12b (Separation Date This Period), "1996  05  31"
* Item 12c (Net Active Service This Period), "17  05  19"
* Item 12d (Total Prior Active Service), "02  08  20"

6.  On 1 June 1996, he was placed on the Retired List in the rank/grade of MSG/E-8.  

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the separating service member with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12 shows the record of service.  

   a. Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  (emphasis added)

b. Item 12b shows the Soldier’s transition/separation date.

   c. Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b, less lost time.

   d. Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter, "00  00  00."

8.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate               DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the Regular Army on 22 March 1976.  He was honorably discharged on 11 December 1978, after completing 2 years, 8 months, and 20 days of creditable active military service.  He was issued a DD Form 214 to document this period of service.

2.  He enlisted again on 12 December 1978, served continuously until he was retired on 31 May 1996, and was placed on the Retired List on 1 June 1996.  He completed 17 years, 5 months, and 19 days of creditable active service during the period covered by his final DD Form 214.  

* item 12a of his DD Form 214, for the period ending 31 May 1996, correctly reflects the entry "1978  12  12" (the date he reenlisted)
* item 12b correctly reflects the entry "1996  05  31" (the date he was released from active duty)
* item 12c correctly shows the entry "17  05  19" (the total active service from the date he reenlisted to the date he was released from active duty for retirement)
* item 12d correctly reflects an entry of "02  08  20," which is the applicant's total prior active service – when combined with his net active service in item 12c, it equates to 20 years, 2 months, and 9 days of total active service.

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 for which a DD Form 214 was previously issued into one DD Form 214 is not authorized.  The applicant’s retirement                  DD Form 214 correctly reflects his record of service and contains no errors.  

4.  In view of the foregoing, there is no basis for granting 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)                                         AR20130020768



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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