IN THE CASE OF:  	  

		BOARD DATE:  14 May 2015	  

		DOCKET NUMBER:  AR20140017764 


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 1 November 1974 vice 31 October 1977. 

2.  The applicant states the date of entry is incorrect and his DD Form 214 was incorrect at the time of his discharge. 

3.  The applicant provides:

* DD Form 214 ending on 20 March 1992
* DARP Form 249-2-E (Chronological Statement of Retirement Points)
* Printout of payments
* 1975 and 1992 Honorable Discharge Certificates

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 24 October 1974.  He remained in the DEP for 9 days before he was discharged from the USAR DEP on 3 November 1974 to enlist in the Regular Army (RA).

3.  He enlisted in the RA on 4 November 1974.  He held military occupational specialty 57H (Cargo Specialist).

4.  He was reported in an absent without leave (AWOL) status from 9 to 13 June 1975, 27 to 30 June 1975, and 27 to 25 July 1975, for a total of 10 days of lost time. 

5.  He was honorably discharged on 30 October 1977 for the purpose of immediate reenlistment in the RA.  He completed 2 years, 11 months, and 17 days of active service during this period and he was issued a DD Form 214 (Report of Separation from Active Duty) that listed his active service as well as his 9 days of prior inactive service. 

6.  He reenlisted in the RA on 31 October 1977.  He served through multiple extensions or reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant (SGT)/E-5.

7.  He was ultimately discharged on 20 March 1992 under the Fiscal Year 1992 Enlisted Early Transition Program.  He completed 14 years, 4 months, and 20 days of active service during this period and a total of 17 years, 4 months, and 7 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), "77-10-31"
* Item 12b (Separation Date This Period), "92-03-20"
* Item 12c (Net Active Service This Period), "14-04-20"
* Item 12d (Total Prior Active Service), "02-11-17"
* Item 12e (Total Prior Inactive Service) - "00-00-09"

8.  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

9.  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 24 October 1974 and in the RA on 4 November 1974 (not 1 November 1974 as he contends).  He was honorably discharged on 30 October 1977.  He completed 9 days of inactive service and 2 years, 11 months, and 17 days of active service during this period.  His DD Form 214 correctly captured his military service during this period of enlistment. 

2.  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 a separate DD Form 214 for his first enlistment.

3.  He reenlisted in the RA on 31 October 1974.  He served continuously on active duty through multiple extensions or reenlistments until he was discharged on 20 March 1992.  His DD Form 214 shows he completed 14 years, 4 months, and 20 days of net active service this period.  His DD Form 214 further shows in:

* Item 12a the entry "77-10-31" (the date he reenlisted)
* Item 12b the entry "92-03-20" (the date he was discharged)
* Item 12c the entry "14-04-20" (the total active service from the date he reenlisted to the date he was discharged)
* Item 12d the entry "02-11-17" (which is his total prior active service from   4 November 1974 to 30 October 1977)
* Item 12e the entry "00-00-09" (which is his inactive service in the DEP from 24 October 1974 to 3 November 1974)

When combining the applicant's net active service in item 12c to his total prior military service in item 12d, it equates to 17 years, 4 months, and 7 days of total active service.
4.  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)                                         AR20140017764





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ABCMR Record of Proceedings (cont)                                         AR20140017764



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