IN THE CASE OF: BOARD DATE: 28 September 2010 DOCKET NUMBER: AR20100011196 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 to Item 12a (Date Entered AD (Active Duty) This Period) on his DD Form 214 (Certificate of Report of Separation from Active Duty) for the period ending 31 October 1993. 2. He states Item 12a of this DD Form 214 shows the date he reenlisted and should reflect his initial entry date of 27 October 1973. 3. He provides copies of his 1973 and 1976 enlistment contracts and his 1993 DD Form 214. 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 military records show he enlisted in the Regular Army in pay grade E-1 on 27 October 1973, for 3 years. He was honorably discharged on 26 July 1976 for the purpose of immediate reenlistment. He was issued a DD Form 214 which shows in Item 15 (Date Entered AD This Period) the date "26" October 1973. He was credited with 2 years, 9 months, and 1 day of net active service. 3. He reenlisted in the Regular Army in pay grade E-4 on 27 July 1976, for 6 years. He served continuously on AD through several reenlistments until he was honorably retired on 31 October 1992. He was issued a DD Form 214 which shows in Item 12a the date 27 July 1976. He was credited with 17 years, 3 months, and 4 days of net active service. He was also credited with 2 years, 9 months, and 1 day of prior active service. 4. Item 18 (Remarks) of his DD Form 214 shows he reenlisted on 27 July 1976, 23 July 1982, and 23 April 1986. 5. Army Regulation 635-5 (Personnel Separation – Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation specified a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The beginning date of the continuous period of AD for which a DD Form 214 was not previously issued would be entered in Item 12a. DISCUSSION AND CONCLUSIONS: 1. The evidence shows he enlisted in the Regular Army on 27 October 1973 for 3 years. He was discharged for immediate reenlistment on 26 July 1976 and provided a DD Form 214. He reenlisted on 27 July 1976, served through 31 October 1993, and was provided a DD Form 214 for this period of service. 2. In accordance with regulatory guidance, Item 12a, of his 31 October 1993 DD Form 214 would list the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued would be entered. This DD Form 214 covered his period of service from his reenlistment on 27 July 1976 through his retirement on 31 October 1993. Therefore, he is not entitled to a correction of this DD Form 214, Item 12a, to show he entered on AD on 27 October 1973. 3. The evidence of record confirms his first enlistment and entry on AD was actually on 27 October 1973. He was provided a DD Form 214 for the period of ending 26 July 1976 showing he entered AD on 26 October 1976. Based on the evidence, he is entitled to a correction to Item 15 of his DD Form 214 for the period ending 26 July 1976 to show he entered on active duty on 27 October 1973. 4. In view of the foregoing, the applicant’s records should be corrected as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X____ ___X___ 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. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by amending Item 15 of the applicant's DD Form 214 for the period ending 26 July 1976 to show he entered AD on 27 October 1973, providing him a corrected DD Form 214, and providing him a copy of the original DD Form 214 for the period ending 26 July 1976. 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 amending Item12a of the applicant's DD Form 214 for the period ending 31 October 1993 to show he entered on AD on 27 October 1973. __________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) AR20100011196 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100011196 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1