BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015441 BOARD VOTE: ____X_____ __X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015441 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 9d of his DD Form 214 for the period ending 27 July 1978 and replacing it with the entry "78  06  27," b. deleting the current entries in items 18a, 18c, and 18e of his DD Form 214 for the period ending 27 July 1978 and replacing them with the entries "3  5  1," and c. deleting the current entry in item 12d of his DD Form 214 for the period ending 28 June 1984 and replacing it with the entry "03  05  01." _____________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. BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015441 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 item 9d (Effective Date) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 27 July 1978 to show 27 June 1978. 2. The applicant states he has to pay back (buy in) all of his military service to count as/toward his Federal civil service. This DD Form 214 overlaps his subsequent DD Form 214 by 30 days and the Defense Finance and Accounting Service (DFAS) directs correction to his separation date. He served 9 years, 6 months, and 28 days and he paid 6 years and 1 day back. 3. The applicant provides: * DD Form 214 for the period ending 27 July 1978 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 1984 * email * DFAS-CL Form 1340/2 (Estimated Earnings during Military Service) * memorandum from DFAS, dated 28 March 2014 * RI Form 20-97 (Estimated Earnings during Military Service) 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 27 January 1975 for a period of 3 years. On 19 March 1975, he extended his 3-year enlistment for a period of 12 months. 3. Headquarters, 2d Armored Division, Orders 174-218, dated 23 June 1978, discharged him effective 27 June 1978 for immediate reenlistment. 4. On 27 June 1978, he was honorably discharged for immediate reenlistment. His DD Form 214 shows in: * item 9d – 27 July 1978 * item 18a (Net Active Service This Period) – 3 years, 6 months, and 1 day * item 18c (Total Active Service) – 3 years, 6 months, and 1 day * item 18e (Total Service for Pay) – 3 years, 6 months, and 1 day 5. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 28 June 1978, shows he reenlisted on that date for a period of 3 years. 6. He was honorably discharged on 29 June 1981 for immediate reenlistment. He reenlisted on 30 June 1981 for a period of 3 years. On 28 June 1984, he was honorably released from active duty. His DD Form 214 for the period ending 28 June 1984 shows in: * item 12a (Date Entered Active Duty This Period) – 28 June 1978 * item 12c (Net Active Service This Period) – 6 years and 1 day * item 12d (Total Prior Active Service) – 3 years, 6 months, and 1 day REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 9d stated to enter the effective date of separation. DISCUSSION: 1. The applicant's contention that item 9d of his DD Form 214 for the period ending 27 July 1978 is incorrect appears to have merit. 2. His discharge orders show he was discharged effective 27 June 1978 for immediate reenlistment. Item 9d of his DD Form 214 erroneously shows his effective date of separation as 27 July 1978. As a result of the separation date error, this same DD Form 214 erroneously shows he completed 3 years, 6 months, and 1 day of active service during this period. His active duty service from 27 January 1975 through 27 June 1978 equals 3 years, 5 months, and 1 day. Items 18a, 18c, and 18e of this DD Form 214 should therefore show he completed 3 years, 5 months, and 1 day. 3. Item 12d of his DD Form 214 for the period ending 28 June 1984 should therefore show he completed 3 years, 5 months, and 1 day of prior active service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015441 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015441 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2