IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000761 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 IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000761 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. IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000761 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) for the period ending 21 September 1983, to show he entered active duty on 23 May 1980 instead of 1 March 1983. 2. The applicant states the information in item 12a of his DD Form 214 for the period ending 21 September 1983 is incorrect. 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's records contain a DD Form 214, which shows he enlisted in the Regular Army (RA) on 2 January 1975. He was honorably released from active duty on 13 December 1977 after completing 2 years, 11 months and 12 days of total active service. 3. National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he enlisted in the Army National Guard (ARNG) on 7 December 1979. The applicant was honorably separated from the ARNG on 22 May 1980. 4. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve on 23 May 1980. He was discharged from the Reserve Component and accepted for enlistment in the RA on 29 May 1980. 5. Orders 41-15 issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell on 1 March 1983 shows the applicant was discharged from the RA effective 28 February 1983 and immediately reenlisted in the RA effective 1 March 1983. 6. His records contain a DD Form 214, which shows in item 12a that he entered active duty on 1 March 1983. On 21 September 1983, he was honorably discharged due to hardship. 7. On 15 May 1984, the applicant's DD Form 214 for the period ending 21 September 1983 was corrected by DD Form 215 (Correction to DD Form 214) to show in item 18 (Remarks) that he enlisted on 29 May 1980 for 3 years, was honorably discharged on 28 February 1983 to reenlist, and that he reenlisted on 1 March 1983 for 3 years. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribes the transition processing function of the military personnel system. It establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. Paragraph 2-1b(2) provides that a DD Form 214 is not prepared for enlisted Soldiers discharged for immediate reenlistment in the Regular Army. b. Paragraph 2-4h (18)(c) provides guidance related to conditional entries made in item 18. (1) For enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify the appropriate dates. (2) For Soldiers who have previously reenlisted without being issued a DD Form 214 and who are later separated with any characterization of service except "honorable," enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM" (first day of service which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above. DISCUSSION: 1. The applicant's DD Form 4 confirms he enlisted in the RA on 29 May 1980 not 23 May 1980 and he was honorably discharged on 21 September 1983. His DD Form 214 for the period ending 21 September 1983 was corrected by DD Form 215 to show he enlisted on 29 May 1980, was honorably discharged on 28 February 1983 to reenlist, and that he immediately reenlisted on 1 March 1983 for a period of 3 years. 2. Based on the available evidence of record, item 12a of his DD Form 214 for the period ending 21 September 1983 is correct. There is no error or injustice in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000761 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000761 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2