IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140002527 


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) for the period ending 30 November 1991 to show in:

* item 7a (Place of Entry Into Active Duty) - Guam
* item 12a (Date Entered Active Duty) - 24 November 1970
* item 12c (Net Active Service This Period) - (based on calculation)
* item 14 (Military Education) he completed the Basic Airborne Course, Jumpmaster Course, and Air Force Load Master Course

2.  The applicant states he entered the U.S. Army on 24 November 1970 and ended his service honorably on 30 November 1991.

3.  The applicant provides his DD Form 214 ending 30 November 1991 and his retiree military identification card.

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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 19 November 1970, at the Armed Forces Examining and Entrance Station, Asan, Guam.

3.  He served through multiple reenlistments and he was issued a DD Form 214 for the following periods:

* 19 November 1970 through 25 May 1972, place of entry is listed as Asan, Guam
* 26 May 1972 through 24 March 1977, place of entry is listed as Fort Bragg, NC

4.  These DD Forms 214 were only available on microfiche for review.  Although partially illegible, these documents show he completed a Basic Airborne Course, a U.S. Air Force Institute Course, and a Quartermaster Parachutist Course between 19 November 1970 and 24 March 1977.

5.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he completed the Basic Airborne Course in 1971.  Neither the Jumpmaster Course nor the Air Force Load Master Course is listed as completed courses.

6.  He retired for length of service on 30 October 1991 and this DD Form 214 shows in:

* item 7a - "Yuma, AZ"
* item 12a - "77  03  25"
* item 12c - "14  08  06"
* item 12d (Total Prior Active Service) "06  04  06"
* item 14 - lists all training courses completed during the period of the report
* item 18 (Remarks) shows his last reenlistment period was from 
17 December 1984 through 30 November 1991

7.  His DA Form 2-1 shows in item 35 (Record of Assignment) that he was assigned to Yuma, AZ from 24 April 1984 to 31 May 1989.

8.  Army Regulation 635-5, (Separation Documents), effective 1 October 1979, stated that effective 1 October 1979, DD Forms 214 would no longer be issued at the time of reenlistment, all service would be continuous from the date the last DD Form 214 was issued.  The entry for item 12a is the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted.

9.  Army Regulation 635-5, effective 2 October 1989, stated a DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Army.  This regulation also stated for:

* item 7a, enter the city and state from which Soldier last entered or was ordered to active duty.  For overseas addresses include the APO or FPO
* item 12d, enter the total amount of prior active military service, less time lost, if any
* For item 14, list formal in service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The applicant's induction record shows that he entered active duty on 
19 November 1970 at Asan, Guam and his DD Form 214 ending 25 May 1972 correctly shows this location.

2.  Regulatory guidance in effect at the time of his retirement stated to list the city and state from which the Soldier last entered or was ordered to active duty.  His record shows that he was assigned to Yuma, AZ when he executed his final reenlistment contract on 17 December 1984; therefore, there is no basis to change this entry.

3.  The evidence shows that prior to the change in policy he was issued two 
DD Forms 214 covering his period of service from 19 November 1970 to 
24 March 1977.  Effective 1 October 1979, regulatory guidance changed and a DD Form 214 was no longer issued when a Soldier was discharged for immediate reenlistment.  The regulation provided that all service would be continuous from the date the last DD Form 214 was issued.  Therefore, the DD Form 214 issued to him upon retirement would not show his original date of enlistment or any other service for which he had already been issued a DD Form 214.  As such his date of entry and net service is correctly shown on his DD Form 214 for the period ending 30 November 1991.



4.  In regard to adding the Basic Airborne Course, Jumpmaster Course, and Air Force Load Master Course, the regulatory guidance requires that only courses completed during the period covered by the report will be listed on the DD Form 214.  The applicant received two DD Forms 214 prior to the one issued at the time of his retirement and it appears that the Basic Airborne Course is  appropriately listed on his previously issued DD Form 214s.  Further, there is no evidence the applicant completed the Jumpmaster Course or the Air Force Load Master Course during his active duty service.  However, if he can provide documents that confirm completion of these courses he should reapply for correction of his record.

5.  In view of the foregoing his request should be denied.  The applicant should be furnished copies of his DD Forms 214 for the periods of service ending 
25 May 1972 and 24 March 1977 for his records.

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)                                         AR20140002527





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ABCMR Record of Proceedings (cont)                                         AR20140002527



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