IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130020936 


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 show his entry date as 7 November 1972 vice 21 September 1979. 

2.  The applicant states the change is requested for no special reason.  It is just an error in the entry date. 

3.  The applicant provides his DD Form 214, ending on 30 November 1979. 

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's record shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 6 October 1972.  He remained in the DEP for 1 month and 1 day before he was discharged from the USAR DEP on 7 November 1972 to enlist in the Regular Army (RA).

3.  He enlisted in the RA on 7 November 1972.  He was honorably discharged on 6 November 1974 for the purpose of immediate reenlistment in the RA.  He completed 2 years of active service during this period and he was issued a DD Form 214 (Report of Separation from Active Duty) that listed his 2 years of active service as well as his 1 year and 1 day of inactive service. 

4.  He reenlisted in the RA on 7 November 1974.  He was again honorably discharged on 20 September 1979 for the purpose of immediate reenlistment.   He completed 4 years, 10 months, and 14 days of active service during this period and he was issued a DD Form that listed his current active service as well as his 2 years of prior active service and 1 year and 1 day of inactive service.  He completed a total of 6 years, 10 months, and 14 days of active service.

5.  He reenlisted on 21 September 1979.  He served through multiple extensions or reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of staff sergeant (SSG)/E-6.

6.  He ultimately retired on 30 November 1992 by reason of sufficient service for retirement and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 December 1992.  He completed 13 years, 2 months, and 10 days of active service during this period and a total of 20 years and 24 days of creditable active service.  The DD Form 214 he was issued at the time shows in:

* Item 12a(Date Entered Active Duty (AD) This Period), "79-09-21"
* Item 12b (Separation Date This Period), "92-11-30"
* Item 12c (Net Active Service This Period), "13-02-10"
* Item 12d (Total Prior Active Service), "06-10-14"
* Item 12e (Total Prior Inactive Service) - "00-01-01"

7.  Army Regulation 635-5 (Separation Documents) 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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states for:

* Item 12a, enter 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
* Item 12b, enter the Soldier’s transition/separation date
* Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost)
* Item 12d, enter the total amount of prior active military service less time lost, if any
* Item 12e, enter the total amount of inactive service

8.  Army Regulation 635-5, effective 1 October 1979, was revised.  Paragraph   1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the DEP on 6 October 1972 and in the RA on 7 November 1972.  He was honorably discharged on 6 November 1972.  He completed 1 month and 1 day of inactive service and 2 years of active service during this period.  His DD Form 214 correctly captured his military service during this period of enlistment. 

2.  He reenlisted in the RA on 7 November 1974 and he was honorably discharged on 20 September 1979.  He completed 4 years, 10 months, and      14 days of active service during this period and he was issued a                       DD Form 214 that captured his current active service as well as his 2 years of prior active service and 1 year and 1 day of inactive service.  At this stage, he had completed a total of 6 years, 10 months, and 14 days of active service.  

3.  Prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, or reenlistment.  This is the reason he was issued two separate DD Forms 214 for his first two enlistments.  

4.  He reenlisted in the RA on 21 September 1979.  He served continuously on active duty through multiple extensions or reenlistments until he retired on 30 November 1992.  His DD Form 214 shows he completed 13 years, 2 months, and 10 days of net active service this period.  His DD Form 214 further shows in:

* Item 12a the entry "79-09-21" (the date he reenlisted)
* Item 12b the entry "92-11-30" (the date he retired)
* Item 12c the entry "13-02-10" (the total active service from the date he reenlisted to the date he retired)
* Item 12d the entry "06-10-14" (which is his total prior active service from   7 November 1972 to 20 September 1979)

* Item 12e the entry "00-01-01" (which is his inactive service in the DEP from 6 October to 7 November 1972)

When combining the applicant's net active service in item 12c to his total prior military service in item 12d, it equates to 20 years and 24 days of total active service.

5.  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 into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting his 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)                                         AR20130020936





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ABCMR Record of Proceedings (cont)                                         AR20130020936



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