IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006185 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 reflect award of the Army Achievement Medal and the date he entered active duty as 6 February 1973 in item 12a (Date Entered Active Duty This Period). 2. The applicant states: * his service entry date for his second enlistment in the Army incorrectly lists 12 December 1974 * the correct service entry date for his second enlistment is 6 February 1973 * he was awarded an Army Achievement Medal which is not listed on his DD Form 214 3. The applicant provides: * DD Form 214 with an effective date of 23 February 1968 * DD Form 214 with an effective date of 3 May 1985 * DA Form 3072-1 (Request for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for Personnel Applying from Civilian Life), dated 12 December 1972 * memorandum regarding a determination of enlistment waiver acceptability, dated 31 January 1973 * DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 6 February 1973 * DA Forms 3686 (Army Leave and Earnings Statement) for the months of March 1973, April 1973, May 1973, June 1973, July 1973, September 1973, November 1973, and December 1973 * DA Forms 2139 (Military Pay Voucher) for the months of March 1973, April 1973, and an illegible date * Company A, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division, Unit Orders Number 99, dated 16 November 1973 * Headquarters, U.S. Army Armor Center and Fort Knox, Permanent Orders 132-5, dated 9 July 1985 * letter from Eau Claire County Veterans Service Office, dated 12 March 2015 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 enlisted in the Regular Army on 24 February 1965 under the last name B___. His DD Form 214 shows he was honorably released from active duty on 23 February 1968 and transferred to the U.S. Army Control Group (Reinforcement). He completed 3 years of net active service during this period. 3. A request for waiver of disqualification for enlistment, dated 12 December 1972, shows he changed his last name from B___ to P___ and requested authority to enlist with a waiver which was subsequently granted. His DD Form 4 shows he enlisted in the Regular Army on 6 February 1973 under the last name P___, the last name reflected in all of his subsequent military records. 4. His military records contain a DD Form 214 showing he was honorably discharged on 16 December 1974 for the purpose of immediate reenlistment. It shows the date he entered active duty that period as 6 February 1973. He completed 1 year, 10 months, and 11 days of net active service during this period. 5. His records contain a DD Form 4 showing he reenlisted in the Regular Army on 17 December 1974. This document also shows his prior period of enlistment as 6 February 1973 through 16 December 1974. 6. His records contain a partial DA Form 4836 (Oath of Extension of Enlistment) showing he voluntarily extended his 5-year enlistment from 17 December 1974 by 5 months on 17 April 1979. A subsequent DD Form 4 in his records shows he reenlisted in the Regular Army on 18 March 1980. 7. On 3 May 1985, he was honorably discharged due to physical disability. His DD Form 214 shows the date he entered this period of active duty as 17 December 1974. He completed 10 years, 4 months, and 17 days of net active service during this period. His DD Form 214 does not reflect award of the Army Achievement Medal. 8. The applicant provided Headquarters, U.S. Army Armor Center and Fort Knox, Permanent Orders 132-5, dated 9 July 1985, awarding him the Army Achievement Medal for exceptional service for the period 22 November 1983 through 15 May 1985. 9. 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 AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to accurately reflect his date of entry on active duty and award of the Army Achievement Medal was carefully considered. 2. After a prior period of active service, he enlisted in the Regular Army on 6 February 1973 and was honorably discharged on 16 December 1974 for the purpose of immediate reenlistment. His military records contain a DD Form 214 covering this period of active service. 3. Prior to 1 October 1979, regulatory guidance called for the issuance of a DD Form 214 at the time of each reenlistment. The entry for item 12a showed 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. 4. Records reflect the applicant was issued three DD Forms 214 which when combined accurately reflect all of his periods of active duty service. 5. The applicant provided a copy of permanent orders awarding him the Army Achievement Medal which is not reflected on his DD Form 214 with a separation date of 3 May 1985 as the permanent orders are dated after the issuance of this DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Army Achievement Medal to his DD Form 214 with a separation date of 3 May 1985. 2. The Board further determined 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 correction of item 12a of his DD Form 214 with a separation date of 3 May 1985. ____________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) AR20150006185 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006185 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1