ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:  BOARD DATE: 16 July 2021 DOCKET NUMBER: AR20210008329 
APPLICANT REQUESTS: correction of the date of discharge shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from 28 February 1973 to, in effect, 20 February 1993. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record), 27 February 2020 . DA Form 2-1 (Personnel Qualification Record) . DD Form 214, for the period ending 28 February 1993 
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. 
A review of the applicant's service records shows: 


a. 
On 18 February 1971, he enlisted in the Regular Army (RA) for a period of 3 years. 

b. 
On 12 December 1972, he was honorably discharged from the RA for immediate reenlistment. He completed 1 year, 9 months, and 17 days of active duty. A DD Form 214 for this period of service was issued but is not contained in the available records. 

c. 
On 13 December 1972, he reenlisted in the RA for a period of 6 years. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows he was honorably discharged from the RA on 12 December 1972. 

d. 
On 30 October 1978, he was discharged for immediate reenlistment. His DD Form 214 for the period 13 December 1972 to 30 October 1978 is also not contained in the available records. 


ABCMR Record of Proceedings (cont) AR20210008329 
e. 
On 31 October 1978, he immediately reenlisted in the RA for a period of 6 years. (Note: His DD Form 214 for the period 13 December 1972 to 30 October 1978 is also not contained in the available records). His DD Form 4 shows he completed 7 years, 8 months, and 13 days of total previous military service (dates inclusive 18 February 1971 to 30 October 1978). 

f. 
HQ, U.S. Army Field Artillery Center and Fort Sill, Fort Sill Orders 266-00320, 22 September 1992, assigned him to Transition Point, Fort Sill, and placed him on the retirement list, and transferred him to control of the U.S. Army Reserve Control Group (Retired), with a retirement date of 28 February 1993. 

g. 
On 28 February 1993, he was honorably retired. His DD Form 214 for this period shows in: 


. block 12a, date entered AD this period, 31 October 1978 . block 12b, separation date this period 28 February 1993 . block 12c, net active service this period, 14 years and 4 months . block 12d, total prior active service, 7 years, 8 months, and 13 days 
3. 
By regulation (AR 635-5), in block 12a enter the date of the first day of the last enlistment for which a DD Form 214 was not issued. 

4. 
By regulation (AR 635-5) effective 1 October 1979, a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board considered the applicant's statement, his record and dates of service, Army policy for creating DD Forms 214 and the information contained on the contested DD Form 214.  Based upon the information on the applicant’s last reenlistment contract and his retirement order from Fort Sill, the Board concluded the service dates reflected on the applicant’s DD Form 214 ending in 28 February 1993 were correct and warranted no correction. 
ABCMR Record of Proceedings (cont) AR20210008329 
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. 
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. 
REFERENCES: 
1. 
Title 10, United States 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), 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 DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The general 


ABCMR Record of Proceedings (cont) AR20210008329 
instructions stated all available records would be used as a basis for preparation of the DD Form 214. 
a. 
In block 12a, enter the date of the first day of the last enlistment for which a DD Form 214 was not issued. 

b.  In block 12b enter the date of separation. 

c. 
 Effective 1 October 1979, a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. 


//NOTHING FOLLOWS//