IN THE CASE OF: BOARD DATE: 23 November 2010 DOCKET NUMBER: AR20100013186 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 service on 23 January 1975 vice 12 November 1976. 2. The applicant states Item 12a (Date Entered AD [Active Duty] This Period) is incorrect on his DD Form 214. 3. The applicant provides a copy of his 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. A DD Form 4 (Enlistment Contract) shows, with no prior service the applicant enlisted in the Regular Army for 3 years on 23 January 1975. A second DD Form 4 shows he was honorably discharged on 11 November 1976 for the purpose of immediate reenlistment on 12 November 1976 for a period of 6 years. A DD Form 214 was issued for this period of service. 3. The applicant retired from active duty on 31 January 1997 in the rank of sergeant first class. His DD Form 214 shows in Item 12 (Record of Service): * 12a 1976 11 12 * 12b (Separation Date This Period) 1997 01 31 * 12c (Net Active Service This Period) 0020 02 19 * 12d (Total Prior Active Service) 0001 09 19 4. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. It states the DD Form 214 is prepared for all Soldiers at the time of their discharge, retirement, or release from the Active Army. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of Item 12a of his DD Form 214 to show he entered active service on 23 January 1975 vice 12 November 1976. 2. Item 12a of the applicant's DD Form 214 is not in error. This entry reflects the first day of his active service following his honorable discharge of 11 November 1976 for the purpose of immediate reenlistment. The initial period of service which began on 23 January 1975 is reflected in Item 12d. 3. Item 12d of the applicant's DD Form 214 shows he served 1 year, 9 months, and 19 days (0001 09 19) from 23 January 1975 to 11 November 1976. This period is incorrect; it should be 1 year, 9 months, and 20 days (0001 09 20). 4. There is no basis for making the requested correction because his initial enlistment which began on 23 January 1975 is reflected in Item 12d and in his initial DD Form 214. A copy of his original DD Form 214 will be provided to him. 5. However, there is an administrative error in Item 12d of his last DD Form 214. The applicant served 1 year, 9 months, and 20 days vice 19 days. This error requires correction. 6. Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Promulgation Team-Arlington, Virginia, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board determined that an administrative error in the records of the individual should be corrected. Therefore, the Board requests that the ARBA Promulgation Team administratively correct the records of the individual concerned to show in Item 12d of his DD Form 214 for the period ending 31 January 1997 the period "0001 09 20." ___________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) AR20100013186 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100013186 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1