IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004910 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 duty this period on 20 March 1975 instead of 20 March 1979. 2. The applicant states he was assigned to the 292nd Transportation Company in 1975. He completed the Minuteman course at Fort Leonard Wood, MO, and was then assigned to Fort Polk, LA. This correction will prove that he was in Germany and help in correcting his record with the Department of Veterans Affairs (VA). 3. The applicant provides copies of his final DD Form 214 and a VA letter. 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 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 10 February 1969. 3. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the was honorably released from active duty on 9 February 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation with a termination date of 9 February 1975. He had completed 2 years of active service this period that included 1 year of foreign service. It also shows in item 30 (Remarks) that he served in Vietnam from 12 July 1969 to 11 July 1970. 4. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 20 June 1975 for a period of 4 years. 5. A DD Form 214 (Report of Separation from Active Duty) shows the applicant entered active duty this period on 20 June 1975 and he was honorably discharged on 19 March 1979 to reenlist in the RA. He had completed 3 years and 9 months of net active service this period that included 1 year, 11 months, and 26 days of foreign service. It also shows he had completed 2 years of prior active service; 5 years and 9 months of total active service; 4 years, 1 month, and 2 days of prior inactive service; and 9 years, 10 months, and 2 days of total service for pay. 6. Three DD Forms 4 (Enlistment/Reenlistment Documents – Armed Forces of the United States) show the applicant reenlisted in the RA on: * 20 March 1979 for a period of 6 years * 30 July 1984 for a period of 3 years * 11 February 1986 for a period of 6 years 7. His DA Form 2-1 (Personnel Qualification Record) shows, in pertinent part, in item 5 (Oversea Service), he served in: * Republic of Vietnam from 12 July 1969 through 11 July 1970 * U.S. Army Europe – Germany from: * 3 October 1975 through 28 September 1977 * 12 April 1980 through 28 March 1983 * 18 June 1986 through 2 November 1988 8. A DD Form 214 shows in item 12 (Record of Service), block a (Date Entered Active Duty This Period), the entry "20 March 1979." It also shows the applicant was honorably discharged on 9 November 1988 under the Qualitative Early Transition Program. He had completed 9 years, 7 months, and 20 days of net active service this period that included 5 years, 4 months, and 8 days of foreign service. It also shows he had completed 5 years and 9 months of prior active service and 4 years, 1 month, and 2 days of prior inactive service. 9. In support of his application the applicant provides a copy of a VA Regional Office, St. Petersburg, FL, letter, dated 23 December 2014, that shows in the military information section his branch of service, character of discharge, and service dates, as follows: * Army, Honorable, 10 February 1969 – 9 February 1971 * Army, Honorable, 20 March 1979 – 9 November 1988 10. Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. AR 635-5, with an effective date of 1 October 1979, ended the requirement to prepare a DD Form 214 for enlisted Soldiers discharged for immediate reenlistment. b. AR 635-5, in effect at the time of the applicant's discharge on 9 November 1988, shows in Table 2-1 (DD Form 214 Preparation Instructions) the item-by-item instructions for completing the DD Form 214. The instructions show for item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein. It also shows for block a, enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his 9 November 1988 DD Form 214 should be corrected to show he entered active duty this period on 20 March 1975 (vice 20 March 1979). 2. Records show the applicant was issued three DD Forms 214 over the course of his military service for the following periods of service: * 10 February 1969 through 9 February 1971 * 20 June 1975 through 19 March 1979 * 20 March 1979 through 9 November 1988 3. The evidence of record shows AR 635-5, with an effective date of 1 October 1979, ended the requirement to prepare a DD Form 214 for enlisted Soldiers discharged for immediate reenlistment. As such, a DD Form 214 was not issued when he reenlisted in the RA on 30 July 1984 and on 11 February 1986. 4. There is no evidence of record that shows the applicant had any other periods of active duty service in the U.S. Army. 5. Based on the evidence of record, the Board finds no error in the Army record. Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief. 6. The applicant provides a copy of a VA letter that does not show his period of honorable active duty service from 20 June 1975 through 19 March 1979. Thus, it appears the VA is not in receipt of the applicant's DD Form 214 for that period of service. Therefore, it would be appropriate to provide the applicant a copy of the 19 March 1979 DD Form 214 (Service – Copy 2). 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. However, based on the evidence presented in this case, the Board directs that the applicant be provided a copy of the 19 March 1979 DD Form 214 (Service – Copy 2) that is filed in his military service records. ___________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) AR20150000682 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004910 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1