IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140007044
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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1995 to show 13 March 1974 instead of 28 September 1977.
2. The applicant states:
* his date of entry on his DD Form 214 is wrong
* he entered the military on 13 March 1974, not in September 1977
3. The applicant provides no additional evidence.
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 enlistment contract shows he enlisted in the Regular Army on 27 March 1974 for 4 years. He was honorably discharged on 27 September 1977 for immediate reenlistment.
3. The available records do not contain a DD Form 214 covering the period 27 March 1974 through 27 September 1977, a total of 3 years, 6 months, and 1 day of creditable active service.
4. He reenlisted on 28 September 1977 for 4 years. His DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows he completed 3 years, 6 months, and 1 day of prior military service. He remained on active duty through continuous reenlistments. He retired on 30 June 1995 in the rank of master sergeant.
5. His DD Form 214 for the period ending 30 June 1995 shows in:
* item 12a 28 September 1977
* item 12b (Separation Date This Period) 30 June 1995
* item 12d (Total Prior Active Service) 3 years, 6 months, and 1 day
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated to 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 in item 12a. Effective 1 October 1979, DD Forms 214 would no longer be issued for enlisted members who were discharged for immediate reenlistment in the Regular Army and all service would be continuous from the date the last DD Form 214 was issued.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 27 March 1974 and he was discharged on 27 September 1977 for immediate reenlistment. Although there is no DD Form 214 for this period filed in his official military personnel file, administrative regularity is presumed.
2. He immediately reenlisted on 28 September 1977 and he retired on 30 June 1995, which is properly shown on his DD Form 214 for the period ending 30 June 1995. His prior active service from 27 March 1974 to 27 September 1977 is also properly reflected on this DD Form 214 as 3 years, 6 months, and 1 day.
3. Therefore, there is no basis for granting his request to amend item 12a of his DD Form 214 for the period ending 30 June 1995.
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) AR20140007044
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