ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 January 2019 DOCKET NUMBER: AR20170007339 APPLICANT REQUESTS: the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 November 1992: Add Airborne School, Basic Change the date entered active duty to 20 November 1972 Change the time in his military occupational specialty (MOS) to 20 years and 12 days APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 with a separation date of 20 November 1972 * Department of Veterans Affairs (VA) Rating Decision, 16 December 2004 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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. On 21 November 1972, the applicant enlisted in the Regular Army for 4 years. His DA Form 2-1 (Personnel Qualification Record) shows he completed the 3-week Basic Airborne School in 1973. 3. On 21 August 1974, the applicant was discharged to immediately reenlist. He was issued a DD Form 214 for the period from 21 November 1972 - 21 August 1974. Basic Airborne School is not shown in item 27 (Remarks). 4. Army Regulation (AR) 635-5 (Separation Documents), 20 August 1973, stated formal in-service training successfully completed during the period of service covered by the DD Form 214 was to be listed in item 27. 5. On 22 August 1974, the applicant immediately reenlisted. He immediately reenlisted on 26 September 1980 and on 30 June 1986. A DD Form 214 was not issued for these periods of service. According to AR 635-5, 15 August 1979, effective 1 October 1979, DD Forms 214 were no longer issued for immediate reenlists. 6. On 30 November 1992, the applicant was retired for length of service. He completed a total of 20 years and 10 days of active service. He was issued a DD Form 214 for the period 22 August 1974 - 30 November 1992. His DD Form 214 with a separation date of 30 November 1992 provides the following information in: a. Item 12a (Date Entered AD (active duty) This Period) - 22 August 1974. AR 635-5, 15 August 1979, stated the entry for item 12a is the beginning date of the enlistment period for which a DD Form 214 was not issued. b. Item 11 (Primary Specialty) shows the applicant's primary MOS as 11B3Y Infantryman - 19 years, 9 months. AR 635-5, 2 October 1989, stated the title and the years and months served was entered for each MOS. This would not include the time a Soldier was in basic training or in training for the MOS. 7. The applicant provided his VA Rating Decision, 16 December 2004, in which the VA stated he served in the Army from 20 November 1972 to 30 November 1992. BOARD DISCUSSION: 1. The applicant has two DD Form 214s since DD Form 214s, at that time, were issued for immediate reenlistments. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he completed the 3-week Basic Airborne School in 1973 and this should be reflected in his DD Form 214, dated 21 August 1974. 2. The applicant immediately reenlisted on 22 August 1974, but there were no additional DD Form 214s except for his DD Form 214, dated 30 November 1992. Item 11 (Primary Specialty) shows the applicant’s MOS 11B3Y for 19 years and 9 months since that is the number of years and months the applicant served in his MOS since he reenlisted on 22 August 1974. In addition, item 12 (Record of Service) shows Year: 74, Months: 8 and Days: 22 since that is the day the applicant reenlisted. 3. His DD Form 214, dated 21 August 1974, item 11 reflects Year: 72, Month: 11 and Days: 21 which is the same date, 21 November 1972 that the applicant entered active duty according to his DD Form 4 (Enlistment Contract Armed Forces of the United States) and DA Form 2-1 (Personnel Qualification Record). 4. His two DD Form 214s cannot be combined on one DD Form 214 where it would show his initial date of entry into the Army and reflect his entire time in his MOS to 20 years and 12 days. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant X X X Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 21 August 1974 by adding Airborne Basic in item 27. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the date entered AD and time in MOS on his DD Form 214 with a separation date of 30 November 1992. ___________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. REFERENCES: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. a. Effective 20 August 1973, paragraph 2-7ah(12) stated formal in-service training courses successfully completed during the period of service covered by the DD Form 214 were to be listed in item 27 (Remarks). b. Effective 15 August 1979, stated that effective 1 October 1979, DD Forms 214 would no longer be issued for enlisted members who are discharged for immediate reenlistments in the Regular Army and that all service would be continuous from the date the last DD Form 214 was issued. In item 12a enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued. List in item 18 (Remarks) the reenlistment periods for which a DD Form 214 was not issued. c. Effective 2 October 1989, Item 11 (Primary Specialty) contained the Soldier's primary MOS and all additional MOSs for a period of 1 year or more, during the Soldier's continuous active military service. The title and the years and months served was entered for each MOS. ABCMR Record of Proceedings (cont) AR20170007339 3