ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 May 2021 DOCKET NUMBER: AR20210006888 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1992 to show his dates of service as 4 April 1972 through 31 August 1992. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DA Form 2339 (Application for Voluntary Retirement), 25 February 1992 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 his DD Form 214 for the period ending 31 August 1992 should show his dates of service as 4 April 1972 through 31 August 1992 because he served all the required time. 3. His records contain a DD Form 4 (Enlistment Contract – Armed Forces of the United States), 13 August 1974, showing he initially enlisted in the Regular Army on 27 April 1972 for a period of 2 years. He was honorably discharged on 25 April 1974 and he was issued a DD Form 214. He completed 1 year, 11 months, and 29 days of active service during this period. He again enlisted in the Regular Army on 13 August 1974 for a period of 3 years for continental United States station of choice. 4. His records contain a DA Form 1695 (Oath of Extension of Enlistment), 26 October 1976, showing he voluntarily extended his current 3-year term of enlistment for 6 months for the convenience of the government. 5. His records contain a DD Form 4 showing he reenlisted on 11 January 1978 for a period of 4 years. He completed 5 years, 4 months, and 27 days of total active military service and 3 months and 16 days of inactive service. 6. His DA Form 2339, 25 February 1992, shows he requested voluntary retirement effective 1 September 1992 and indicates he served in the: * Regular Army from 27 April 1972 through 25 April 1974 for a total of 1 year, 11 months, and 29 days * U.S. Army Reserve from 26 April 1974 through 12 August 1974 for a total of 3 months and 17 days * Regular Army from 13 August 1974 through 31 August 1992 for a total of 18 years and 18 days 7. He retired on 31 August 1992 for length of service. He completed 14 years, 7 months, and 20 days of net active service during this period. a. Item 12a of his DD Form 214 shows he entered this period of active duty on 11 January 1978 (the first day of his reenlistment for which a DD Form 214 was not issued). b. Item 12d (Total Prior Active Service) of his DD Form 214 shows he completed 5 years, 4 months, and 20 days of prior active service. c. Item 12e (Total Prior Inactive Service) of his DD Form 214 shows he completed 3 months and 17 days of prior inactive service. d. Item 18 (Remarks) of his DD Form 214 contains the entry: "IMMEDIATE REENLISTMENT THIS PERIOD: 780111-811105 [11 January 1978 through 5 November 1981]; 811106-870728 [6 November 1981 through 28 July 1987]; 870729- 900322 [29 July 1987 through 22 March 1990]; 900323 [23 March 1990] TO PRESENT." BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board noted that prior to his reenlistment on 11 January 1978, the applicant would have been issued a DD Form 214 each time he reenlisted. His final DD Form 214 documents all of his active duty service, with his active duty service prior to 11 January 1978 recorded as total prior active service. The Board found his final DD Form 214 was completed in accordance with the governing regulation, and determined the entry date on this DD Form 214 should not be changed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), effective 15 October 1973 and in effect at the time of the applicant's first discharge, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military duty. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. The specific instructions for item 15 (Date Entered Active Duty This Period) stated to enter the date entered active duty this period. 3. Army Regulation 635-5, effective 1 October 1979, prescribed the separation documents that must be prepared for Soldiers at the time of 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. This revision ended the need to prepare a DD Form 214 for enlisted members who were discharged for immediate reenlistment. a. The specific instructions for item 12a (Date Entered Active Duty This Period) stated to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. b. The specific instructions for item 18 (Remarks) stated to enter a list of enlistment periods for which a DD Form 214 was not issued (example: Immediate Reenlistments This Period: 761210-791001; 791002-821001). 4. Army Regulation 635-5, effective 2 October 1989 and in effect at the time of the applicant's retirement, prescribed 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 established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. The specific instructions for item 12a stated to enter 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006888 4 1