BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015809 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: 30 May 2018 DOCKET NUMBER: AR20160015809 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: 30 May 2018 DOCKET NUMBER: AR20160015809 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 to block 12a (Record of Service – Date Entered Active Duty (AD) This Period) of his 1982 DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states he served over 20 years of honorable active federal service entering the Army in October 1962. His DD Form 214 issued on 30 September 1982 shows he entered active federal service on 21 October 1977. This is incorrect. He is retired and receives retired pay. 3. The applicant provides copies of his 1982 DD Form 214 and his United States Uniformed Services Identification Card. 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. A limited number of personnel documents are available in the applicant's reconstructed military personnel record. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed the applicant’s personnel records prior to 1968 were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Within his available record is DA Form 2339 (Application for Voluntary Retirement), dated 13 January 1982, showing he first enlisted in the Regular Army on 31 August 1962. 4. Orders 294-64 issued by Headquarters, U.S. Army Infantry Center on 20 October 1977 discharged the applicant from the Regular Army and simultaneously reenlisted him into the Regular Army effective the next day, 21 October 1977. 5. On 21 October 1977, a DD Form 214 was prepared based on his discharge order. This DD Form 214 contains the following information in block 18 (Record of Service). * Block 18a (Net Active Service this Period) – 9 years, 1 month, 16 days * Block 18b (Prior Active Service) – 6 years and 25 days * Block 18c (Total Active Service) – 15 years, 1 month, 21 days 6. On 21 October 1977 the applicant reenlisted in the Regular Army. 7. On 26 January 1982, Headquarters, 7th Infantry Division and Fort Ord, California issued Orders 017-686 retiring him effective 30 September 1982. His personnel record contains a DA Form 3713 (Data for Retired Pay) showing he would be placed on the Retired List effective 1 October 1982 and his voluntary retirement was based on 20 years and 1 month of active federal service. 8. On 30 September 1982 the applicant was honorably retired based on sufficient length of service. He was issued a DD Form 214 that reflects the following information in Block 12 (Record of Service): * Block 12a (Date Entered AD This Period) – 21 October 1977 * Block 12b (Separation Date This Period) – 30 September 1982 * Block 12c (Net Active Service This Period) – 4 years, 11 months, and 10 days * Block 12d (Total Prior Active Service) – 15 years, 1 month and 20 days 9. The applicant provided a copy of his United States Uniformed Services Identification Card showing he is retired from the U.S. Army and his retired status is indefinite. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. a. Personnel who were separating and entitled to receive a DD Form 214 were informed by counselors that the most vital document they would receive from the Army was their DD Form 214. b. The sources documents used in preparing the DD Form 214W (Worksheet) included the DA Form 201 (Military Personnel Records Jacket), DA Forms 2 and 2-1 (Personnel Qualification Record), enlistment records and DD Forms 214 for personnel with prior active service. c. A version of this regulation in effect on 1 October 1979 ended the requirement to prepare a DD Form 214 for Soldiers who were discharged for immediate reenlistment. Additional instructions stated not to reissue a DD Form 214 once issued, except by proper appellate authority. Also do not reissue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If a DD Form 214 is reissued, enter that fact and date in Block 18 (Remarks). 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: The applicant's reconstructed record contains his 1977 DD Form 214 and his 1982 DD Form 214. Copies of previously issued DD Forms 214 are not available for the Board to review. The applicant requested his date of entry onto active duty be corrected to show October 1962 when he first entered active duty service. Prior to 1979 a DD Form 214 was prepared for every Soldier who was discharged and then immediately reenlisted into the Regular Army. Based on the assumption of administrative regularity, it is presumed he received DD Forms 214 for each enlistment period prior to his reenlistment in 1977. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2