BOARD DATE:  30 October 2014

		DOCKET NUMBER:  AR20140004723 


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 he entered active duty on 30 July 1976 instead of 20 September 1979.  He also requests item 11 (Primary Specialty) be corrected to show 22 years, 1 month, and 1 day instead of 21 years and 
9 months.

2.  The applicant states he came into the Army on 30 July 1976 and retired on 
1 September 1998 with no break in service.  He served his entire career on active duty; he did not have any U.S. Army Reserve (USAR) or National Guard time.  He noticed the error when he submitted a form to the Defense Finance and Accounting Service trying to buy back his time in the Army.

3.  The applicant provides copies of:

* Active Duty Order Number 150-28, Armed Forces Examining and Entrance Station, Coral Gables, Florida, dated 30 July 1976
* memorandum showing he graduated from the Primary Leadership Development Course on 8 December 1978
* U.S. Army Garrison, Fort Belvoir, Virginia, memorandum, Subject:  Statement of Service, dated 5 March 1976
* U.S. Army Garrison, Fort Belvoir, memorandum showing approval of his retirement request
* retirement orders
* Estimated Earnings During Military Service, dated 24 December 2013

* DA Form 2A (Personnel Qualification Record - Part I), prepared 
23 October 1996
* DA Form 2A, prepared 8 July 1998
* DA Form 2-1 (Personnel Qualification Record - Part II), last reviewed 
15 November 1996

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 30 July 1976 he enlisted in the USAR under the Delayed Enlistment Program (DEP).  On 4 August 1976, he was discharged from the DEP and enlisted in the Regular Army on 5 August 1976 for a period of 3 years.  It appears he first reenlisted on 27 September 1979.  His DD Form 214 for his initial enlistment is not available.

3.  His DA Form 2-1 shows in:

	a.  Item 17 (Civilian Education and Military Schools) he completed military occupational specialty 36K (Field Wireman) training in 1976; 

	b.  Item 35 (Record of Assignments) 

		(1)  30 July 1976-4 August 1976, USAR Service, not on active duty; 

		(2)  5 August 1976, Enlistment, Fort Dix, New Jersey;

		(3)  13 August 1976, Basic Combat Training, Fort Dix, New Jersey;

		(4)  1 October 1976 Advanced Individual Training (AIT) MOS 36K, Fort Dix New Jersey; and 

		(5)  30 November 1976, MOS 36K Tactical Wire Operations Specialist, Headquarters and Headquarters Company 193rd Infantry Brigade, Canal Zone.

	c.  There is no record of any breaks in his service.

4.  The applicant retired due to sufficient service effective 31 August 1998.   His DD Form 214 shows in:

a. Item 11 he held MOS 31U4H for 21 years and 9 months;

	b.  Item 12a (Date Entered AD (Active Duty) this Period) he entered active duty on 27 September 1979;

	c.  Item 12c (Net Active Service This Period) 18 years, 11 months, and 
4 days; 
\
	d.  Item 12d (Total Prior Active Service) he completed 3 years, 1 month, and 22 days of prior active service; and

	e.  Item 12e (Total Prior Inactive Service) he completed 5 days of prior inactive service.

5.  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.  Effective 1 October 1979, DD Forms 214 were not issued upon immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he entered military service on 30 July 1976, not 27 September 1979, and that he held his MOS for 22 years, 1 month, and 1 day, not 21 years and 9 months.  

2.  The is available evidence shows he served in the USAR DEP from 30 July to 
4 August 1976, and that service is properly shown on his DD Form 214 in item 12e.  

3.  His DD Form 214 shows he first reenlisted on 27 September 1979 with 3 years, 1 month, and 22 days of prior active duty service meaning he initially entered active service on 5 August 1976.  He served a total of 22 years and 26 days of active duty service.  Except for his first enlistment, he served during a period when a DD Form 214 was not issued for each reenlistment.  

4.  If in fact the applicant does not have his DD Form 214 for the period 5 August 1979 – 26 September 1979, he may write to the National Personnel Records Center for issuance of a Certification of Military Service.

5.  As the available evidence shows the applicant entered active duty on 5 August 1976,  he did not provide any evidence to support his contention that the entry in item 11 of his DD Form 214 should be corrected to show 22 years, 1 month, and 1 day.

6.  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



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ABCMR Record of Proceedings (cont)                                         AR20140004723



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