IN THE CASE OF: BOARD DATE: 4 March 2021 DOCKET NUMBER: AR20200002155 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) covering the period 27 April 1979 to 4 May 1992 to show his entry date as 27 September 1976. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 28 September 1966 to 26 April 1979 * DD Form 214 for the period 27 April 1979 to 4 May 1992 * DA Form 2-1 (Personnel Qualification Record) * Multiple assignment, reassignment, attachment, separation, military occupational specialty, and other orders * April 1989 Reenlistment Contract FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he entered the Army on September 27, 1976, and was discharged on May 4 1992. He never left the military between his entry date and his discharge date. He served for 15 years and 8 months on active duty. The problem he has with his DD Form 214 is that the entry date is wrong. The VA has given him a hard time they say he entered the military in 1979. He reenlisted in Germany where he was assigned to 32nd Signal Battalion, where they discharge and re-enlisted him the same day. He reenlisted in 1979 to returned or be reassign to Fort Gordon, GA, 385th Signal Battalion. He never had a break of service, but according to his DD form 214 which is a typographical error on his entry date the VA believes he had a break of service. He asks the Board to change his entry date to September 27, 1976 on his DD form 214 so the world will know the truth. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 28 September 1976. He completed training and was awarded military occupational specialty 05C (Radio Teletype Operator). b. Following assignment to Fort Polk, LA, he served in Germany from 11 August 1978 to 9 November 1979. While in Germany, he was honorably discharged on 26 April 1979, for the purpose of immediate reenlistment. c. He was issued a DD Form 214 (Report of Separation from Active Duty) that credited him with 2 years, 6 months, and 29 days of active service. [Note, prior to October 1979, the Army issued a separate DD Form 214 for each period of enlistment or reenlistment]. d. He reenlisted in the Regular Army on 27 April 1979. He served through multiple successive reenlistments in a variety of assignments. e. He was honorably discharged from active duty on 4 May 1992. He was issued a DD Form 214 that credited him with 13 years and 8 days of active service and 2 years, 6 months, and 29 days of prior active service. The entry date shown on this DD Form 214 is 27 April 1979. The DD Form 214 for this period specifically shows: * Item 12a (Date Entered Active Duty (AD) This Period), 1979-04-27 * Item 12b (Separation Date This Period), 1992-05-04 * Item 12c (Net Active Service This Period), 13-00-08 * Item 12d (Total Prior Active Service), 02-06-29 4. By regulation (AR 635-5), in effect at the time, the DD Form 214 provides the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12a, enter beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter total amount of prior active military service less time lost, if any 5. AR 635-5, effective 1 October 1979, was revised. Paragraph 1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. Consolidation of two or more periods of service into one DD Form 214 was not authorized. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Board determined based on governing regulatory guidance, consolidation of two or more periods of service into one DD Form is not authorized. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. a. Effective 1 October 1979, AR 635-5 was revised. Paragraph 1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. Consolidation of two or more periods of service into one DD Form 214 was/is not authorized. b. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12a, enter beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter total amount of prior active military service less time lost, if any //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002155 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1