IN THE CASE OF:
BOARD DATE: 22 OCTOBER 2015
DOCKET NUMBER: AR20150003902
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth as 12 September 1942 and the accurate years of service and discharge dates.
2. The applicant states:
* his dates of service are not accurately reflected in his records
* he has been trying for over 20 years to correct these errors
3. The applicant provides:
* American Armed Forces Mutual and Association letter, dated 17 February 2015
* Department of Veterans Affairs (VA) letter, dated 26 December 2013
* DD Form 214 with a separation date of 30 September 1988
* DD Form 215 ( (Correction to DD Form 214) for the separation date of 30 September 1988, dated 1 June 2004
* DA Form 2339 (Application for Voluntary Retirement), dated 20 November 1987
* first page of VA Rating Decision, dated 13 April 2009
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 1 June 2004, the Army Review Boards Agency Support Division, St. Louis, MO, issued him a DD Form 215 correcting item 5 (Date of Birth) of his DD Form 214 with a separation date of 30 September 1988 to read 12 September 1942. No further action is required. This portion of his request will not be discussed further in this Record of Proceedings.
3. The applicant was inducted into the Army of the United States on 13 February 1963. On 11 February 1965, he was released from active duty, issued a DD Form 214 covering this period of service from 13 February 1963 through 11 February 1965, and transferred to the U.S. Army Reserve.
4. His DD Form 2339 shows he served in the U.S. Army Reserve from 12 February 1965 through 12 February 1969. After a break service, he enlisted in the Regular Army on 16 September 1970. On 28 June 1973, he was honorably discharged for the purpose of immediate reenlistment and issued a DD Form 214 covering this period of service from 16 September 1970 through 28 June 1973.
5. On 29 June 1973, he reenlisted in the Regular Army. On 6 June 1976, he was honorably discharged from the Regular Army for the purpose of immediate reenlistment. He was issued a DD Form 214 covering this period of service from 29 June 1973 through 6 May 1976.
6. On 7 May 1976, he reenlisted in the Regular Army for a period of 6 years. On 6 May 1982, he again reenlisted in the Regular Army for a period of 6 years. He was not issued a DD Form 214 covering his period of service from 7 May 1976 through 5 May 1982.
7. On 30 September 1988, he retired and he was issued a DD Form 214 for length of service/retirement, covering the period of service from 6 May 1982 through 30 September 1988. Item 12 (Record of Service) of his DD Form 214 for the period ending 30 September 1988 shows in
* item 12a (Date Entered Active Duty This Period) 82 05 06
* item 12c (Net Active Service This Period) 06 04 25
* item 12d (Total Prior Active Service) 13 07 19
8. On 20 August 2012, the National Personnel Records Center issued him a Certification of Military Service, certifying his service in the Regular Army from 7 May 1976 through 5 May 1982.
REFERENCES:
Army Regulation 635-5 (Separation Documents), in effect at the time, stated that effective 1 October 1979, DD Forms 214 would no longer be issued at the time of reenlistment. All service would be continuous from the date the last DD Form 214 was issued. The entry for item 12a is the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted.
DISCUSSION:
1. The applicant's request for correction of his DD Form 214 to accurately reflect his active service was carefully considered.
2. Effective 1 October 1979 (during his period of active service from 7 May 1976 through 5 May 1982), regulatory guidance changed to disallow the issuance of a DD Form 214 at the time of reenlistment. Therefore, the applicant was correctly not issued a DD Form 214 for that period of service.
3. However, that period of service should have been reflected in the DD Form 214 which was issued upon his retirement on 30 September 1988. The date he entered active duty during that period should have shown 7 May 1976 instead of 6 May 1982.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20150003902
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150003902
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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