BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150003298 


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 he entered active duty on 30 May 1975 instead of 11 April 1978 and completed 2 years and 7 months of foreign service vice 2 months and 7 days. 

2.  The applicant states he entered active duty on 30 May 1975 and he was discharged on 10 April 1981.  He served in Germany with the 32nd Signal Battalion for 31 months and he was ultimately discharged as an E-5. 

3.  The applicant provides:

* DD Form 214
* National Archives and Records Administration (NA Form 134038 (Certification of Military Service)
* Letter from the national Personnel Records Center (NPRC)

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 Regular Army (RA) for a period of 3 years on 31 May 1975 and he held military occupational specialty (MOS) 36C (Wireman). 

3.  He served in Germany from 26 October 1975 to 6 July 1978, a period of 2 years, 11 months, and 8 days.  He was assigned to Company C, 32nd Signal Battalion. 

4.  While in Germany, he was honorably discharged on 10 April 1978 for the purpose of immediate reenlistment in the RA.  He completed 2 years, 10 months, and 10 days of net active service during this period.  A DD Form 214 for this period of service is not available for review with this case.  However, he was issued a NA Form 13038 that captured his active service during this period 

5.  He reenlisted in the RA for 3 years in the rank of specialist four on 11 April 1978.  He was awarded MOS 91G (Behavioral Health Specialist) and MOS 91B (Medical Specialist).  He was also promoted to sergeant in August 1979.

6.  He was honorably discharged from active duty on 10 April 1981.  He completed 3 years of active service during this period.  The DD Form 214 he was issued at the time shows in:

* Item 12a (Date Entered Active Duty (AD) This Period), "78-04-11"
* Item 12b (Separation Date This Period), "81-04-10"
* Item 12c (Net Active Service This Period), "03-00-00"
* Item 12d (Total Prior Active Service), "02-10-10"
* Item 12f (Foreign Service), "00-02-26"

7.  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 12f, enter the total foreign service completed outside continental United States during the period covered by the DD Form 214 

8.  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 RA on 31 May 1975.  He was honorably discharged on
 10 April 1978.  He completed 2 years, 10 months, and 10 days of active service during this period.  Although his DD Form 214 is not available for review, he was issued a Certification of Military Service that captured his military service during this period of enlistment. 

2.  He reenlisted in the RA on 11 April 1978 and he was honorably discharged on
10 April 1981.  He completed 3 years of active service during this period and he was issued a DD Form 214 that captured his current active service as well as his 2 years, 10 months, and 10 days of prior active service.

* Item 12a the entry "78-04-11" (the date he reenlisted)
* Item 12b the entry "81-04-10" (the date he was discharged)
* Item 12c the entry "03-00-00" (the total active service from the date he reenlisted to the date he was discharged)
* Item 12d the entry "02-10-10" (his total prior active service from 31 May 1975 to 10 April 1978)
* Item 12f the entry "00-02-26" (the total foreign service completed during the period covered by this DD Form 214)

3.  Prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, or reenlistment.  When combining the applicant's net active service in item 12c to his total prior military service in item 12d, it equates to 5 years, 10 months, and 10 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.  His DD Form 214 correctly reflects his record of service and contains no errors.  There is no basis for granting his requested relief.

5.  However, his Certification of Service does not account for the total foreign service he completed during the first period of active duty (from 31 May 1975 to 10 April 1978).  Because a DD Form 214 is not available for the first period of service and because the Certification of Service does not show his foreign service, as a matter of clarity and equity only, his current DD Form 214 should be voided and reissued to capture his total foreign service and correct date of entry.

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:

* deleting from item 12a the entry "78-04-11" and adding "75-05-31"
* deleting from item 12c the entry "03-00-00" and adding "05-10-10"
* deleting from item 12d the entry "02-10-10" and adding "00-00-00"
* deleting from item 12f the entry "00-02-26" and adding "02-11-08"
* adding to item 18 (Remarks) the entry "Immediate Reenlistment 19780411 to 19810410" 



      _________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)                                         AR20150003298



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ABCMR Record of Proceedings (cont)                                         AR20150003298



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