IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140016770


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), ending on 31 December 1994, to show his date of entry as 3 December 1974.  He also requests entry of all the schools he attended.

2.  The applicant states that his date of entry is incorrect on his DD Form 214 and he wants all his military training shown.

3.  The applicant provides no additional documentation.

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.  At the time of his application, the applicant was retired in the rank of staff sergeant, pay grade E-6.

3.  A DD Form 214 (Report of Separation from Active Duty) shows that the applicant enlisted in the Regular Army on 3 December 1974.

4.  The applicant attended Advanced Individual Training (AIT) at Fort Leonard Wood, Missouri, from 14 February to 14 May 1975 (12 weeks).  He was subsequently awarded a military occupational specialty 12B (Combat Engineer).

5.  The applicant was discharged on 5 June 1978 for the purpose of immediate reenlistment.  He had attained the rank of sergeant, pay grade E-5, and had completed 3 years, 6 months, and 3 days during this period of service.  His DD Form 214 for this period of service does not show any formal training.

6.  The applicant reenlisted on 6 June 1978.

7.  A diploma from Fort Benning, Georgia, dated 11 October 1979, indicates the applicant completed the 3-week Airborne Course.

8.  On 31 December 1994, the applicant retired due to sufficient length of service.  He had completed 16 years, 6 months, and 23 days of creditable active duty service during this period of active duty.  His DD Form 214 for this period of service shows:

	a.  in Item 12 (Record of Service):

* Item 12a (Date Entered Active Duty This Period): 6 June 1978
* Item 12b (Separation Date This Period): 31 December 1994
* Item 12c (Net Active Service this Period): 16 years, 6 months, 23 days
* Item 12d (Total Prior Active Duty Service): 3 years, 6 months, 3 days

b.  in Item 14 (Military Education): no entry for the Airborne Course.

9.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. 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.

	a.  Effective in 1973, this regulation required an entry in Item 27 (Remarks) to show formal in-service training courses successfully completed during the period of service covered by the DD Form 214.
	b.  Prior to 1979, this regulation provided for the issuance of a DD Form 214 at the time of each immediate reenlistment.

	c.  Effective in 1979, this regulation no longer authorized issuance of a DD Form 214 upon immediate reenlistments.  Instead, each period of reenlistment was entered in the remarks section of the final DD Form 214 issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, ending on 1 December 1994, should be corrected to show his date of entry as 3 December 1974 and that his military schools be entered.

2.  The available evidence clearly shows that the applicant entered active duty on 3 December 1974; and, through a series of reenlistments, remained on active duty until his retirement on 31 December 1994.

3.  The evidence of record shows that the applicant completed AIT in 1975 and was awarded MOS 12B.  Accordingly, his formal training as a combat engineer (12-week course) should be shown on his DD Form 214 ending in 1978.

4.  There are no provisions for consolidating DD Forms 214 to show all periods of active duty on a single DD Form 214.  The applicant's last DD Form 214 clearly shows both his current period of active duty service and his prior active duty service.

5.  A review of the applicant’s records found that he had completed the 3-week Airborne Course in 1979 and that it had not been properly entered on his final DD Form 214.  It would be appropriate to do so now.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding in Item 27 of his DD Form 214 ending on 5 June 1978:  "Combat Engineer Course, 12 Weeks, 1975"; and

	b.  showing in Item 14 of his DD Form 214 ending on 31 December 1994: "Airborne Course, 3 weeks, October 1979."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his first term of active duty service on his final DD Form 214.




      ___________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)                                         AR20100007194



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ABCMR Record of Proceedings (cont)                                         AR20140016770



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