ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20170005123 APPLICANT REQUESTS: in effect, would like for his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his total military service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty) period ending 1 June 1977 * DD Form 214 period ending 1 June 1980 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his records currently shows that he entered active duty on 2 June 1977 and was separated on 1 June 1980. It should show that he entered active duty on 31 July 1974 and separated on 1 June 1980. His records will show that he enlisted in San Diego, CA. He was he was first sent to Ft. Ord, CA for basic training but was transferred to Ft. Leonard Wood, MO after 1 day, at Ft. Ord he was being decommissioned. After basic training, he was assigned to Ft. Rucker, AL as his first permanent duty station, where he was assigned as a 91G Behavioral Health Specialist to Lyster Army Hospital. He re-enlisted at Ft. Rucker for the period that is covered on the current DD Form 214. He is working for the Veterans Administration (VA) and would like to buy back his military time for retirement purposes. The current DD Form 214 shows that he served for 6 years in his military specialties, plus his time-in-grade date shows 1974 for his SGT/E-5 promotion. 3. The applicant provides: * DD Form 214 (separation date 1 June 1977) * DD Form 214 (separation date 1 June 1980) 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 31 July 1974. b. He reenlisted in the Regular Army on 2 June 1977. 5. On 1 June 1980, the applicant was release for active duty in the rank/grade of sergeant/ E-5. His DD Form 214 shows he was separated in accordance with chapter 2 of Army Regulation 635-200 (Personnel Separation – Enlisted Personnel) with an honorable character of service. It also shows he completed 3 years net active service this period. Block d (total prior active service) reflects 2 years, 10 months and 1 day. 6. By regulation, the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The applicant’s active service was continuous and his DD Form 214 already lists the period of continuous honorable service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The applicant has two DD Forms 214 that accurately show his total amount of service. The Board agreed there was insufficient evidence of an error or injustice in this case Soldiers were issued separate DD Forms 214 upon each reenlistment until October 1979. The applicant's second DD Form 214 properly records his prior active service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 1/14/2020 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-8 (Separations Processing and Documents), currently in effect, provides for the preparation and distribution of the DD Form 214. It states for item 18 (Remarks) for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “IMMEDIATE REENLISTMENTS THIS PERIOD” and specify inclusive dates for each period of reenlistment. //NOTHING FOLLOWS//