IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170002479 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: AR20170002479 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: AR20170002479 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 11 January 1977 instead of 13 May 1980. 2. The applicant states he joined the Army on 11 January 1977, reenlisted in 1980, and was separated from service in 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 enlisted in the U.S. Army Reserve for participation in the Delayed Enlistment Program on 21 January 1977. He enlisted in the Regular Army (RA) on 28 January 1977. 3. Orders 123-83 issued by Headquarters, 2nd Infantry Division on 8 May 1980, discharged the applicant from the RA on 12 May 1980. He immediately reenlisted in the RA on 13 May 1980. 4. His records contain a DD Form 214 for the period ending 27 March 1981. The form shows he performed 3 years, 3 months, and 15 days of total prior active service and he subsequently entered active duty during this period on 13 May 1980. REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. 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) states that a DD Form 214 will not be prepared for enlisted Soldiers discharged for immediate reenlistment in the RA. b. Paragraph 2-4h(18) states that item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of the separating Soldier's period of service. It further states that for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)" in item 18. However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, then enter "CONTINUOUS HONORABLE ACTIVE SERVICE FROM (first day of service for which DD Form 214 was not issued) UNTIL (date before commencement of current enlistment)." Then, enter the specific periods of reenlistments as prescribed above. 2. Since 1 October 1979, military personnel discharged for the purpose of immediate reenlistment are no longer issued a separate DD Form 214. DISCUSSION: The applicant's record shows he enlisted in the RA on 28 January 1977 and reenlisted on 13 May 1980 without a break in service. There is no evidence to support the applicant's claim that he joined the Army on 11 January 1977. Additionally, he is not authorized a separate DD Form 214 for his initial period of enlistment and subsequent period of reenlistment. Since October 1979, DD Forms 214 are not issued at the time of immediate reenlistment when there is no break in service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002479 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002479 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2