IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018840 


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 correct period of active duty service.

2.  The applicant states that he entered active duty (AD) on 10 November 1975; however, his DD Form 214 shows he entered AD on 15 September 1978.  He adds that he just recently discovered this error.

3.  The applicant provides no documentary evidence in support of his application.

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.  A DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the Untied States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 30 September 1975 for a period of 6 years.  He further enlisted in the Regular Army (RA) on 11 November 1975 for a period of 3 years.  He was promoted to sergeant/E-5 on 27 June 1978.

3.  A DD Form 4 shows the applicant reenlisted in the RA on 15 September 1978 for a period of 4 years.

4.  Through a series of additional reenlistments, he continued to serve on active duty in the RA until 29 February 1996.  He attained the rank of sergeant first class/E-7.

5.  A review of the applicant's military personnel records failed to reveal a
DD Form 214 for the period 11 November 1975 through 14 September 1978.

6.  A DD Form 214 shows the applicant was honorably retired from AD and transferred to the USAR Control Group (Retired).  It also shows in –

* item 12 (Record of Service) –

* block a (Dated Entered AD This Period):  15 September 1978
* block b (Separation Date This Period):  29 February 1996
* block c (Net Active Service This Period):  17 years, 5 months, 16 days
* block d (Total Prior Active Service):  2 years, 10 months, 4 days
* block e (Total Prior Inactive Service):  11 days

7.  Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from AD service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  

   a.  AR 635-5, with an effective date of 1 October 1979, ended the requirement to prepare a DD Form 214 for enlisted Soldiers discharged for immediate reenlistment.

   b.  AR 635-5, in effect at the time the applicant retired from AD, shows in Table 2-1 (DD Form 214 Preparation Instructions) the item-by-item instructions for completing the DD Form 214.  The instructions show for –
* item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  It also shows for –

* block a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued
* block b, enter the separation date this period
* block c, enter the amount of service this period (subtract item 12a from item 12b)
* block d, enter the total amount of prior active military service less lost time, if any
* block e, enter the total amount of prior inactive service, less lost time, if any

8.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his 29 February 1996 DD Form 214 should be corrected to show he entered AD on 11 November 1975, along with correction of net active service during this period and total prior active service.

2.  Records show the applicant enlisted in the RA on 11 November 1975 and he was honorably discharged on 14 September 1978 to reenlist in the RA.  The policy in effect at the time required issuance of a DD Form 214 to document his record of service as of 14 September 1978, including his total prior inactive service in the USAR.

   a.  A copy of the 14 September 1978 DD Form 214 is not available in the applicant's military personnel records and the applicant did not provide any documentary evidence in support of his application.

   b.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.

   c.  Thus, it is concluded that the applicant was issued a DD Form 214 for the period of AD from 11 November 1975 through 14 September 1978, when he was discharged to reenlist in the RA.
3.  The applicant reenlisted in the RA on 15 September 1978 and he retired from AD on 29 February 1996.  Accordingly, he was issued a DD Form 214 to document his record of service as of 29 February 1996, including his net active service for this period, total prior active service, and total prior inactive service.

4.  Therefore, based on the evidence of record, there is no basis to correct item 12 (blocks a, c, d, or e) of the applicant's 29 February 1996 DD Form 214 as they show the correct date he entered AD this period, net active service this period, total prior active service, and total prior inactive service.  

5.  However, based on the evidence of record, it would be appropriate to issue the applicant a document showing his honorable period of service in the RA from 11 November 1975 through 14 September 1978.

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 issuing an appropriate document that shows he entered active duty in the Regular Army on 11 November 1975 and he was honorably discharged, in the rank of sergeant, on 14 September 1978.


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 the date entered active duty on his 29 February 1996 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)                                         AR20140018840



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ABCMR Record of Proceedings (cont)                                         AR20140018840



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