BOARD DATE: 15 December 2011 DOCKET NUMBER: AR20110012342 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 (Certificate of Release or Discharge from Active Duty) for the period ending 28 December 1984 to show he entered active duty on 29 September 1974. 2. The applicant states his DD Form 214 shows the date of his second reenlistment as the date he entered active duty. 3. The applicant provides his DD Form 214. 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 Regular Army (RA) on 30 September 1974 and he held military occupational specialty 64C (Motor Vehicle Driver). He was discharged for the purpose of immediate reenlistment on 29 June 1977. He completed 2 years and 9 months of creditable active service. 3. Item 15 (Date Entered Active Duty this Period) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service erroneously shows 29 June 1977 as both the date he entered active duty and the effective date of the DD Form 214. His records contain a DD Form 215 (Correction to DD Form 214), dated 16 July 2009, that corrected item 15 of this DD Form 214 to reflect 30 September 1974. 4. He reenlisted in the RA on 30 June 1977 and he was discharged for the purpose of immediate reenlistment on 8 March 1978. The DD Form 214 he was issued for this period of service shows he completed 8 months and 9 days of creditable active service during this period and he had 2 years and 9 months of prior active service for a total of 3 years, 5 months, and 9 days of total active service. 5. He reenlisted in the RA on 9 March 1978 and he was honorably discharged on 28 December 1984. The DD Form 214 he was issued for this period of service shows he completed 6 years, 9 months, and 17 days of creditable active service during this period and he had 3 years, 5 months, and 9 days of prior active service for a total of 10 years, 2 months, and 26 days of total active service. 6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of this regulation, in effect at the time, contains guidance on the preparation of the DD Form 214. Item 12a shows the first day of the last immediate reenlistment for which a DD Form 214 was not issued. Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant initially enlisted in the RA on 30 September 1974 and he was discharged on 29 June 1977 for the purpose of immediate reenlistment. He reenlisted in the RA on 30 June 1977 and he was discharged on 8 March 1978 for the purpose of immediate reenlistment. As required by applicable regulations at the time, he was issued two separate DD Forms 214 that captured these periods of active service. A copy of these two DD Forms 214 will be provided to him. 2. On 9 March 1978, he reenlisted in the RA and he was honorably discharged on 28 December 1984. The DD Form 214 he was issued for the period ending 28 December 1984 correctly shows the date he entered active duty for this period of service as 9 March 1978. Therefore, he is not entitled to the 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) AR20110012342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012342 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1