BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160015144 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ _____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160015144 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160015144 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 her DD Form 214 for the period ending 15 April 1981 to show she entered active duty on 3 October 1973. 2. The applicant states: * the date of entry on her DD Form 214 is incorrect * she entered active duty on 3 October 1973 and was separated on 18 May 1981 3. The applicant provides no additional evidence. 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 Contract – Armed Forces of the United States) shows she enlisted in the Regular Army on 1 October 1973 for a period of 3 years. On 6 July 1976, she was honorably discharged for immediate reenlistment. Her DD Form 214 for the period ending 6 July 1976 shows: * she entered active duty on 1 October 1973 * she completed 2 years, 9 months, and 6 days of net active service this period * she was honorably discharged on 6 July 1976 3. Her DD Form 4 shows she reenlisted on 7 July 1976 for a period of 3 years. 4. Headquarters, U.S. Army Criminal Investigation Command, Orders 12-1, dated 16 December 1977, discharged her from the Regular Army on 18 December 1977 for the purpose of reenlistment. 5. The available records do not contain a DD Form 214 covering the period 7 July 1976 through 18 December 1977. 6. Her DD Form 4 shows she reenlisted on 19 December 1977 for a period of 3 years. This form also shows she completed 4 years, 2 months, and 18 days of prior active military service. 7. On 15 April 1981, she was honorably discharged for completion of required service. Her DD Form 214 for the period ending 15 April 1981 shows: * she entered active duty on 19 December 1977 * she completed 2 years, 2 months, and 27 days of net active service during this period * she completed 4 years, 2 months, and 18 days of prior active service (active duty service from 1 October 1973 to 18 December 1977) * she was honorably discharged on 15 April 1981 REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and specified that for item 12a (Date Entered Active Duty This Period), data sources are enlistment contracts, initial orders to active duty, active duty orders, and previously-issued DD Forms 214. Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued. Note: Until the late 1970s, Soldiers were issued a DD Form 214 each time they were discharged for immediate reenlistment. DISCUSSION: 1. The applicant contends her DD Form 214 for the period ending 15 April 1981 should be corrected to show she entered active duty on 3 October 1973. 2. Her DD Form 4 shows she enlisted in the Regular Army on 1 October 1973 and she was discharged on 6 July 1976 for the purpose of immediate reenlistment, which is properly shown on her DD Form 214 for the period ending 6 July 1976. 3. Her DD Form 4 shows she reenlisted in the Regular Army on 7 July 1976 and it appears she was discharged on 18 December 1977 for the purpose of immediate reenlistment, which should be shown on her DD Form 214 for the period ending 18 December 1977. Although there is no DD Form 214 for this period in her Official Military Personnel File, it is presumed that a DD Form 214 was issued at that time. 4. Her DD Form 214 for the period ending 15 April 1981 shows she immediately reenlisted on 19 December 1977 and was discharged on 15 April 1981, which is properly shown on her DD Form 214 for the period ending 15 April 1981. All of her more than 6 cumulative years of active duty service is accurately represented on her DD Form 214 for the period ending 15 April 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015144 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015144 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2