RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 October 2005
	DOCKET NUMBER:  AR20050000825 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mr. David S. Griffin

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Patrick H. McGann

Member

Ms. Carol A. Kornhoff

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, corrections to his DD Form 214 
(Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1989.

2.  The applicant states, in effect, that the entry in Item 12a (Date Entered 
AD This Period) of his DD Form 214 should be 4 November 1972 instead of 
11 March 1977.  

3.  The applicant further states that the following items on his DD Form 214, (received on 30 November 1989) are incorrect: Item 12a (Date Entered AD This Period), Item 12b (Separation Date This Period), Item 12c (Net Active Service This Period), Item 12d (Total Prior Active Service), Item 12f (Foreign Service), and the entry "830121-890120" in Item 18 (Remarks).  

4.  The applicant further requests the meaning of the entries in Item 26 (Separation Code) and Item 27 (Reenlistment Code).  The applicant further provides a history of his service from October 1966 to December 1989.

5.  The applicant provides a copy of his DD Form 214 that he received on 
30 November 1989.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
30 November 1989, the date of his retirement.  The application submitted in this case is dated 2 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show that he initially enlisted on 12 October 1966 for a period of 3 years.  On 10 October 1969, the applicant was released from active duty due to expiration of service.  A DD Form 214 was issued for the this period and showed that the applicant had completed 2 years, 11 months, and 29 days of active service that was characterized as honorable.

4.  On 8 November 1972, the applicant enlisted in the U.S. Army for a period of 
3 years.  On 24 April 1974, the applicant voluntarily extended this period of enlistment for 19 months to complete a normal overseas tour.  

5.  On 23 June 1974, the applicant was assigned to the 535th Engineer Company in Germany.

6.  On 10 March 1977, the applicant was discharged to immediately reenlist.  A DD Form 214 was issued for this period and showed that the applicant had completed 4 years, 4 months, and 3 days of active service that was characterized as honorable.

7.  On 11 March 1977, the applicant reenlisted for a period of 6 years and continued to serve with the 535th Engineer Company for an additional 4 months and 3 days of foreign service.  

8.  The applicant was assigned to B Company, 44th Engineer Battalion in Korea during the period from 8 September 1981 to 13 September 1982, a period of 
1 year and 7 days of foreign service.

9.  On 20 January 1983, the applicant was discharged to immediately reenlist.  There was no DD Form 214 issued for this period of service.

10.  On 21 January 1983, the applicant reenlisted for a period of 6 years.  The applicant was assigned to the 293rd Engineer Battalion in Baumholder, Germany during the period from 10 March 1984 to 3 March 1987, a period of 2 years, 
11 months and 25 days of foreign service.

11.  On 14 December 1988, the applicant agreed to extend his enlistment for a period of 13 months for retirement.

12.  Department of the Army, Headquarters, United States Army Engineer 
Center and Fort Leonard Wood, Fort Leonard Wood, Missouri Orders 18-22, dated 18 January 1989 showed the applicant was released from active duty on 
30 November 1989 and placed on the retired list on 1 December 1989.



13.  The following entries are contained on the DD Form 214 that was issued for the period 11 March 1977 to 30 November 1989:

	a.  Item 12a - 77 03 11 (1977 March 11);

	b.  Item 12b - 89 11 30 (1989 November 30);

	c.  Item 12c - 12 08 20 (12 years, 8 months, and 20 days);

	d.  Item 12d - 07 04 02 (7 years, 4 months, and 2 days);

	e.  Item 12f - 04 03 26 (4 years, 3 months and 26 days);

	f.   Item 18 - "830121-890120" (21 January 1983 - 20 January 1989);
 
	g.  Item 26 - RBD -  Separation Code RBD is defined in Army Regulation 
635-5-1 (Separation Program Designators), then in effect.  This regulation specifies that the narrative reason for Separation Code RBD is "For length of service".

	h. Item 27 - RE-4R - Reenlistment eligibility (RE) code RE-4R is defined in Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), then in effect.  This regulation states that RE-4R is assigned to enlisted personnel after 20 or more years of active service and indicates that they are ineligible for reenlistment.

13.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It states, in pertinent part, 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.

14.  Army Regulation 635-5, Interim Change Number 1, then in effect, provides for the entries in the items indicated:

	a.  Item 12a - enter the beginning date of the continuous period of active duty (AD) for which the DD Form 214 is being issued;

	b.  Item 12b - enter the date of separation from active duty;

	c.  Item 12c - the net service for the period shown is computed by subtracting item 12a from item 12b and then deducting any lost time and non-creditable service after date of discharge;

	d.  Item 12d - enter the total prior active military service less any time lost;

	e.  Item 12f - enter the total amount of foreign service completed during the period covered in Item 12c;

	f.   Item 18 - enter a list of reenlistment periods for which a DD Form 214 was not issued;

	g.  Item 26 - enter the proper separation code representing the specific  authority for separation; and 

          h.  Item 27 - enter the appropriate RE code from Table 2-3, Separation Program Designator Code SPD/Reentry (RE) Code Cross-Reference in Army Regulation 635-5, then in effect.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entries on his DD Form 214 concerning the date of entry, separation date, net active service, total prior active service, and foreign service are incorrect.  The applicant contends that the date of entry should be 4 November 1972.

2.  The applicant requested the meaning of the entries in Item 26 (Separation Code) and Item 27 (Reenlistment Code).

3.  A DD Form 214 was previously issued for the period from 8 November 1972 to 10 March 1977.  The date of the applicant's reenlistment, 11 March 1977, is the beginning of a new period of active service.  Therefore, the date in Item 12a is correct.

4.  Due to a change in the regulation, a DD Form 214 was not issued when the applicant was discharged for immediate reenlistment on 20 January 1983.  Therefore, the DD Form 214 received on 30 November 1989 covered the period from the date the last DD Form 214 was issued to the date of retirement, 
30 November 1989.

5.  The applicant's retirement orders stated that he was released from active duty on 30 November 1989.  Therefore, the date in Item 12b is correct.
6.  Computation of the applicant's net service in accordance with Army Regulation 635-5 shows that his net service is 12 years, 8 months and 20 days.  Therefore, the entry in Item 12c of the applicant's DD Form 214 is correct.

7.  Computation of the applicant's total prior active service, computed from all previously issued DD Form 214's, shows that he had served 7 years, 4 months and 2 days active service prior to 11 March 1977.  Therefore, the entry in 
Item 12d is correct.

8.  Computation of the applicant's foreign service during the period covered by Item 12c showed that he served 4 years, 4 months and 5 days of foreign service. Therefore, Item 12f should be amended to read 04 04 05.

9.  There was no DD Form 214 issued for the applicant's period of service from 21 January 1983 - 20 January 1989.  Therefore the entry in Item 18 is correct.

10.  The narrative reason for Separation Code RBD is "For length of service".

11.  RE Code RE-4R applies to enlisted personnel after 20 or more years of active service and that they are ineligible for reenlistment.

12.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 November 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 November 1992.  Although the applicant did not file within the 3-year statute of limitations, it would be in the best interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____cak _  ___phm__  __tsk___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 12f of the applicant's DD Form 214 to read 04 04 05 instead of 04 03 26.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to date of entry, separation date, net active service, total prior active service, and any change to the entry in Item 18.  




_____Ted S. Kanamine___
          CHAIRPERSON




INDEX

CASE ID
AR20050000825
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.