IN THE CASE OF: BOARD DATE: 5 June 2012 DOCKET NUMBER: AR20110024578 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 the dates of prior service shown in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 1983. 2. He states the DD Form 214 in question shows his prior service dates as "750521-770130," but the earlier date should be 1 May 1975. He states he entered service during the Vietnam War, but the DD Form 214 in question shows only part of his service. 3. He provides his DD Form 214 for the period ending 30 January 1983, a DD Form 4 (Enlistment Contract - Armed Forces of the United States), his DA Form 2-1 (Personnel Qualification Record - Part II), and correspondence from the National Personnel Records Center. 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 enlisted in the Regular Army on 1 May 1975. On 30 January 1977, he was discharged to immediately reenlist. 3. On 31 January 1977, he reenlisted, and, on 30 January 1983, he was honorably discharged by reason of completion of required active service. He completed 7 years and 9 months of total active service. 4. His record includes two DD Forms 214. The first documents his service from 1 May 1975 to 30 January 1977. 5. The second DD Form 214 documents his service from 31 January 1977 to 30 January 1983. Item 18 of this DD Form 214 includes the statement "Immediate reenlistment for this period: 750521-770130." 6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. Prior to October 1979, the regulation required issuance of a DD Form 214 when a Soldier was discharged to immediately reenlist. Effective 1 October 1979, the regulation was revised to remove this requirement. The version of the regulation in effect at the time of his discharge in 1983 stated to enter a list of enlistment periods for which a DD Form 214 was not issued. DISCUSSION AND CONCLUSIONS: 1. The statement "Immediate reenlistment for this period: 750521-770130" entered in item 18 of the applicant's final DD Form 214 inaccurately reflects his date of entry. Further, the statement was not required by regulation as he had been issued a DD Form 214 for the period ending 30 January 1977. 2. In view of the above, it would be appropriate to delete the erroneous statement from his final DD Form 214. 3. The applicant is advised that when he is asked to provide documentation of his military service, he must provide copies of both of his DD Forms 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting "Immediate reenlistment for this period: 750521-770130" from item 18 of his final DD Form 214. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the dates of prior service shown in item 18 of his final DD Form 214. _______ _ __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) AR20110024578 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024578 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1