IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160009127 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: 19 September 2018 DOCKET NUMBER: AR20160009127 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 issuing him a DD Form 215 (Correction to DD Form 214) to show in item 18 (Remarks) that he enlisted on 25 August 1976 for 3 years, was honorably discharged on 30 August 1978 to reenlist, and that he reenlisted on 31 August 1978 for 3 years. 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 any relief in excess of that described above. _____________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: 19 September 2018 DOCKET NUMBER: AR20160009127 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, in effect, correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 25 August 1976 instead of 31 August 1978. He further requests documentation reflecting his service in the Panama Canal Zone with the 193rd Infantry Brigade, Fort Clayton, Panama Canal Zone and evidence of his completion of the Primary Leadership Course. 2. The applicant states, in effect, his DD Form 214 reflects his service entry date as 1978; however, he was sworn in on 25 August 1976. He attempted to join the Veterans of Foreign Wars (VFW) post in Tampa, FL and was told he could not until he obtained documentation reflecting his overseas duty. 3. The applicant provides a copy of 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 DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve on 29 July 1976. He was discharged from the Reserve Component and accepted for enlistment in the Regular Army (RA) for 3 years on 25 August 1976. 3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served with the 114th Aviation Company, Fort Clayton in the Panama Canal Zone for the period 21 March 1977 to 18 March 1980, a period of 2 years, 11 months and 27 days. 4. Orders 175-39 issued by Headquarters, 193rd Infantry Brigade (Canal Zone), Fort Amador, Canal Zone on 30 August 1978 shows the applicant was discharged from the RA effective 30 August 1978. His Military Personnel Records Jacket (MPRJ) does not contain a DD Form 214 for this period of service. The applicant immediately reenlisted in the RA effective 31 August 1978 for a period of 3 years. 5. His DD Form 214 shows in item 12a that he entered active duty on 31 August 1978. Item 12d (Total Prior Active Service) shows he previously completed 2 years and 6 days of active service. On 30 August 1981, he was honorably released from active duty at the completion of his required service. He was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar. Item 14 (Military Education) of his DD Form 214 reflects the 2-week Primary Leadership Course he completed in 1979. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states that item 12 shows the record of service. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. This practice was stopped effective 1 October 1979. DISCUSSION: 1. The applicant's DD Form 4 confirms he enlisted in the RA on 25 August 1976 and he was honorably discharged on 30 August 1978 to reenlist; however, his MPRJ does not contain a DD Form 214 for this period of service. The applicant immediately reenlisted on 31 August 1978 for a period of 3 years and he was honorably released from active duty on 30 August 1981. 2. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. There is no bar to ammending item 18 (Remarks) of his DD Form 214 by adding the statement, "Enlisted on 25 August 1976 for 3 years, honorably discharged on 30 August 1978 to reenlist, reenlisted on 31 August 1978 for 3 years." 3. With regard to his request for documentation reflecting his service in the Panama Canal Zone with the 193rd Infantry Brigade, Fort Clayton, Panama Canal Zone and evidence of his completion of the Primary Leadership Course, the applicant's Primary Leadership Course is already reflected on his DD Form 214. If necessary, the applicant may request a copy of his records from the National Personnel Records Center. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009127 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009127 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2