IN THE CASE OF:	   

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150001576 


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 a DD Form 214 (Report of Separation from Active Duty) for his period of service from 27 April 1976 through 27 January 1980.

2.  The applicant states he received an Honorable Discharge Certificate but never received a DD Form 214 as he did at the end of his previous reenlistment. When he requested a copy from his official military personnel file from the National Archives in St. Louis, he received an NA Form 13038 (Certification of Military Service.)

3.  The applicant provides:

* NA Form 13038
* DD Form 214 with an effective date of 26 April 1976
* DD Form 214 with a separation date of 27 January 1983
* his discharge and reenlistment orders, dated 15 April 1976 

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.  On 27 June 1973, he enlisted in the Regular Army for 3 years.  He was discharged for immediate reenlistment on 26 April 1976.  He was issued a DD Form 214 for the period from 27 June 1973 through 26 April 1976.  He completed 2 years and 10 months of active service.

3.  On 27 April 1976 he was immediately reenlisted for 4 years.  

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record, Part II) shows he served a tour in Korea from 25 March 1975 to18 June 1976 and from 6 September 1978 to 9 March 1980.

5.  On 27 January 1980 he was discharged for immediate reenlistment.  It appears that a DD Form 214 for his period of service from 27 April 1976 through 27 January 1980 was not issued.  He completed 3 years, 9 months, and 1 day of active service.

6.  On 28 January 1980 he immediately reenlisted for 3 years.  

7.  On 27 January 1983 he was discharged by reason of completion of his required service.  He was issued a DD Form 214 for the period from 28 January 1980 through 27 January 1983.  His DD Form 214 shows the following pertinent information:

* item 12a (Date Entered AD [active duty] This Period) - 28 January 1980
* item 12b (Separation Date This Period) - 27 January 1983
* item 12c (Net Active Service This Period) - 3 years
* item 12d (Total Prior Active Service) – 6 years, 7 months, and 1 day
* item 12f (Foreign Service) – 1 month and 11 days

8.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  

   a.  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. 

   b.  Effective 1 October 1979, DD Forms 214 were no longer issued for enlisted members who were discharged for immediate reenlistment in the Regular Army.  All service was continuous from the date the last DD Form 214 was issued.

   c.  The beginning date of the continuous period of active duty for which the DD Form 214 was being issued was entered in Item 12a of the DD Form 214.  The date of separation was entered in Item 12b and the net service in item 12c for the period shown was computed by subtracting Item 12a from Item 12b and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service. 
   
   d.  Prior active service completed prior to the date in item 12a was entered in item 12d.

	e.  Foreign service performed during the period covered in Item 12c of the DD Form 214 will be entered in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  Effective 1 October 1979, DD Forms 214 were no longer issued for enlisted members who were discharged and then immediately reenlisted.  The applicant was discharged on 26 January 1980 and immediately reenlisted on 27 January 1980.  Based on the guidance at the time, he would not have been issued a DD Form 214 for his period of service from 27 April 1976 through 27 January 1980.

2.  There appears to be an administrative error in the preparation of his DD Form 214 with a separation date of 27 January 1983.  This DD Form 214 should have covered the entire period of continuous service from the date of the issuance of his last DD Form 214 on 26 April 1976.  As such, his DD Form 214 with a separation date of 27 January 1983 should show in:

* item 12a - 27 April 1976 (the date after his last DD Form 214 was issued)
* item 12c – 6 years, 9 months, and 1 day (06 09 01) (recomputed from 27 April 1976 - 27 January 1983)
* item 12d - 2 years and 10 months (02 10 00) (from his previous DD Form 214)
* item 12f – 1 year, 7 months, and 26 days (01 07 26) (1 month and 22 days from the date in item 12a to the ending date of his first tour in Korea plus 1 year, 6 months, and 22 days in Korea from 6 September 1978 - 9 March 1980)


BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following corrections to his DD Form 214 with a separation date of 
27 January 1983:

* item 12a - delete "80 01 28" and enter "76 04 27"
* item 12c - delete "03 00 00" and enter "06 09 01"
* item 12d - delete "06 07 01" and enter "02 10 00"
* item 12f - delete "00 01 11" and enter "01 07 26"



      _____________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)                                         AR20150001576



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ABCMR Record of Proceedings (cont)                                         AR20150001576



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