IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150009974 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150009974 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 (Report of Separation from Active Duty), that lists 30 September 1974 as the date of entry in item 15, as follows: * adding to item 9d the entry "77/04/26" * deleting from item 18a the entry "02/07/26" and replacing it with "02/06/27" * deleting from item 18c the entry "02/07/26" and replacing it with "02/06/27" * deleting from item 18e the entry "02/08/29" and replacing it with "02/08/00" 2. The Board further determined 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 adding "80-04-26" to item 9d of his DD Form 214 (Report of Separation from Active Duty) that lists 30 September 1974 as the date of entry in item 15. _____________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. IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150009974 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 of service that began on 30 September 1974, by adding his separation date in item 9d (Effective Date) as 26 April 1980. 2. The applicant states, in effect: * his DD Form 214 needs to show the end date; it is currently blank * he contends it should show he ended his service on 26 April 1980 * he is trying to complete a military buy-back for the U.S. Postal Service; they need to calculate his estimated earnings during his military service 3. The applicant provides two DD Forms 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 enlisted in the U.S. Army Reserve (USAR) as part of the Delayed Entry Program (DEP) on 27 August 1974. He was discharged from the DEP after 1 month and 3 days, on 29 September 1974 to enlist in the Regular Army (RA). 3. He enlisted in the RA on 30 September 1974. His DA Form 2-1 (Personnel Qualification Record - Part II) indicates he was then assigned to a unit in Alaska, and had been serving there since 7 February 1975. 4. He was honorably discharged from the RA on 26 April 1977 for immediate reenlistment. As of his discharge, he had completed 2 years, 2 months, and 19 days in Alaska. His DD Form 214 shows the following: * item 9d is blank * item 15 (Date Entered Active Duty this Period) lists an entry date of 30 September 1974 * item 18a (Net Active Service this Period) and item 18c (Total Active Service) both reflect he completed 2 years, 7 months, and 26 days of net active creditable service [sic, the period between 30 September 1974 and 26 April 1977 is actually 2 years, 6 months, and 27 days] * item 18d (Prior Inactive Service) states 1 month and 3 days * item 18e (Total Service for Pay) lists 2 years, 8 months, and 29 days (reached by combining items 18c and 18d) * 18f (Foreign and/or Sea Service this Period) shows 2 years, 2 months, and 19 days. 5. A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he reenlisted in the RA on 27 April 1977. Item 49 (Prior Service) states the Army honorably discharged him on 26 April 1977. 6. He was honorably released from active duty on 26 April 1980. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years of active service during this period and he had 2 years, 6 months, and 27 days of prior active service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established 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. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. 2. 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: 1. The applicant initially enlisted in the RA on 30 September 1974 and he was discharged on 26 April 1977 for immediate reenlistment. a. Item 9d of his DD Form 214 for this period of service is blank, apparently due to an administrative error. The date of 26 April 1977 should have been entered, based on both his reenlistment contract and his DD Form 214 for the period ending 26 April 1980. It would be appropriate to correct this date. b. His period of active service was incorrectly shown in items 18a and 18c. It was listed as 2 years, 7 months, and 26 days of net active creditable service. The period between 30 September 1974 and 26 April 1977, however, is actually 2 years, 6 months, and 27 days. It would be appropriate to correct these entries. c. Item 18e shows the incorrect period of total service for pay. His prior inactive service is accurate but because the net active service is not correct, it makes the total also inaccurate. It would be appropriate to correct this period. d. His period of the above-noted prior service is correctly reflected on his DD Form 214 for the period ending 26 April 1980. 2. He reenlisted in the RA on 27 April 1977 and he was released from active duty on 26 April 1980. He was issued a separate DD Form 214 that credited him with 3 years of active service as well as his prior active service. Until October 1979, the Army issued a separate DD Form 214 for each period of enlistment or reenlistment. Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009974 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009974 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2