IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150003765
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) for the period ending 31 December 1992 to show he entered active duty on 6 June 1971.
2. The applicant states the two DD Forms 214 he has do not reflect his entire period of continuous service.
3. The applicant provides:
* DD Form 214 with an effective date of 17 May 1972
* DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 6 June 1974
* DD Form 4, dated 31 May 1977
DD Form 214 with a separation date of 31 December 1992
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 31 December 1992, the applicant retired having completed 20 years and 26 days of active service.
3. His Military Personnel Records Jacket (MPRJ) shows the following periods of service.
a. On 17 November 1970, he was inducted into the Army of the United States. On 17 May 1972, he was released from active duty. He was issued a DD Form 214 for the period 17 November 1970 - 17 May 1972.
b. On 6 June 1974, he enlisted in the Regular Army. On 30 May 1977, he was discharged to immediately reenlist. He was issued a DD Form 214 for the period 6 June 1974 - 30 May 1977.
c. On 31 May 1977, he immediately reenlisted. He was immediately reenlisted on 15 May 1981, on 29 August 1985, and on 5 February 1988.
DD Forms 214 were not issued for these periods of service.
d. On 31 December 1992, he retired. A DD Form 214 was issued for the period from 31 May 1977 - 31 December 1992. Item 12a (Date Entered AD (active duty) This Period) shows the date 31 May 1977.
4. Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 was issued to all personnel at the time of their retirement, discharge, or release from the Active Army.
5. Army Regulation 635-5, effective 1 October 1979, stated that effective
1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last
DD Form 214 was issued. This regulation states for item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted
DISCUSSION AND CONCLUSIONS:
1. He contends the entry in item 12a of his DD Form 214 with a separation date of 31 December 1992 should be 6 June 1971.
2. Prior to his immediate reenlistment on 31 May 1977 a DD Form 214 was issued for each period of service. He was issued a DD Form 214 for his period of service from 6 June 1971 - 30 May 1977.
3. Effective 1 October 1979, DD Forms 214 were no longer issued for discharges and immediate reenlistments and all service is to be continuous from the date the last DD Form 214 was issued. His last DD Form 214 was issued on 30 May 1977.
4. He served continuously from 31 May 1977 - 31 December 1992. He was not issued a DD Form 214 for any periods of service after 30 May 1977. The date
31 May 1977 entered in item 12a of his DD Form 214 with a separation date of 31 December 1992 is correct.
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) AR20150003765
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ABCMR Record of Proceedings (cont) AR20150003765
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