BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150002055 


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 August 1973 instead of April 1977.  He also requests a personal hearing.

2.  The applicant states he came on active duty in 1973.  

3.  The applicant provides:

* DD Form 214, ending on 31 August 1993
* Certification of Military Service
* Social Security Benefits Statement

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 records show he enlisted in the Regular Army (RA) on 10 August 1973.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist).  

3.  He was honorably discharged on 10 April 1977 for the purpose of immediate reenlistment.  He completed 3 years, 8 months, and 1 day of creditable active service during this period.  His DD Form 214 (Report of Separation from Active Duty) for this period of active duty is not available; however, he was issued a Certification of Military Service that captured this period of active service. 

4.  He executed a 4-year reenlistment in the RA on 11 April 1977 and followed that with reenlistments on 14 January 1980, 17 October 1983, and 2 February 1989.  

5.  He was honorably retired on 31 August 1993 and he was placed on the Retired List in his retired rank/grade of staff sergeant/E-6 on 1 September 1993.  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered Active Duty (AD) This Period), "77-04-11"
* Item 12b (Separation Date This Period), "93-08-31"
* Item 12c (Net Active Service This Period), "16-04-20"
* Item 12d (Total Prior Active Service), "03-08-01"

6.  Army Regulation 635-5 (Separation Documents) establishes 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 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.   

7.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  Item 12 shows the record of service.  A breakdown of entries in item 12 is as follows: 

* Item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued
* Item 12b shows the Soldier’s transition/separation date 
* Item 12c and 12d show all service, less time lost 

8.  Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  The ABCMR may, in its discretion, hold a hearing.  Applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 10 August 1973 as he contends.  He was honorably discharged on 10 April 1977 for the purpose of immediate reenlistment.  He completed 3 years, 8 months, and 1 day of creditable active military service during this period of initial enlistment and he was issued a Certification of Military Service. 

2.  He reenlisted on 11 April 1977, served through multiple reenlistments, and was honorably retired on 31 August 1993.  He completed 16 years, 4 months, and 20 days of creditable active service during this period. 

	a.  Item 12a of his DD Form 214 correctly reflects the entry "77-04-11" (the date he reenlisted), item 12b correctly reflects the entry "93-08-31" (the date he retired), item 12c correctly shows the entry "16-04-20" (the total active service from the date he reenlisted to the date he retired), and item 12d reflects an entry of "03-08-01" which is the applicant's total prior active service.  

	b.  When combining his net active service in item 12c with his total prior active service in item 12d, this service equals 20 years and 21 days of total creditable active service.

3.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active service.  It provides a brief, clear-cut record of active 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 with an entry date of 
11 April 1977 and ending on 31 August 1993 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting his requested relief.

4.  The applicant's request for a personal appearance hearing was carefully considered.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

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)                                         AR20150002055





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ABCMR Record of Proceedings (cont)                                         AR20150002055



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