IN THE CASE OF: BOARD DATE: 5 October 2010 DOCKET NUMBER: AR20100010844 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 (Report of Separation from Active Duty) for the period ending 5 January 1979 to show his entry date as 1 June 1974. 2. The applicant states his mother signed him into the Oklahoma Army National Guard (OKARNG) because he was 16 years old at the time. He entered the OKARNG with a 6-year enlistment and he was also married at the time. 3. The applicant provides a copy of his DD Form 214, dated 7 February 1976. 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's records show he enlisted in the OKARNG for a period of 6 years on 25 July 1975. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he executed the oath of enlistment on 25 July 1975. 3. His records also show he entered active duty for training (ADT) on 9 October 1975. He completed basic combat and advanced individual training at Fort Leonard Wood, MO, and he was awarded military occupational specialty 12B (Combat Engineer). He was honorably released from active duty (REFRAD) to the control of his ARNG unit on 7 February 1976. The DD Form 214 he was issued shows he completed 3 months and 29 days of total active service. 4. He was ordered to active duty on 21 July 1977 and he subsequently served in Germany from on or about 15 August 1977 to on or about 4 January 1979. 5. He was honorably discharged from active duty on 5 January 1979. He completed 1 year, 5 months, and 15 days of net active service this period. The DD Form 214 he was issued for this period of active service shows the following entries: * item 15 (Date Entered Active Duty (AD) This Period) shows "77 07 21" * item 9d (Effective Date (of Separation This Period) shows "79 01 05" * item 18a (Net Active Service This Period) shows "01 05 15" * item 18b (Prior Active Service) shows "00 04 15" (it should have been "00 03 29") * item 18c (Total Active Service) shows "01 09 30" (it should have been "01 09 14") 6. Army Regulation 635-5 (Separation Documents) establishes 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. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. Item 9d shows the effective date of discharge shown on the separation order. Item 15 shows the date entered active duty for the period covered by the DD Form 214. Item 18 shows the record of service between the dates shown in items 9d and 15. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant enlisted in the OKARNG on 25 July 1975; he did not enlist on 1 June 1974 as he indicated. Even if he did, his records show he entered ADT on 9 October 1975 and he was REFRAD on 7 February 1976. He was issued a DD Form 214 that captured this period of active duty. 2. The evidence of record also shows he was ordered to active duty on 21 July 1977 and he was honorably discharged on 5 January 1979. He was also issued a DD Form 214 that captured his active service for this period as well as his prior active service. 3. 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. Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced. The applicant’s DD Form 214 correctly reflects his record of service and contains no errors. Therefore, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20100010844 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010844 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1