ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20170010879 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) date ending 10 December 1979: * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty)- 11B10 Infantryman, 6 years and 6 months * Item 12 Record of Service 12a (Date entered AD this period) 10 December 1974 12b (Separation date this period) 10 December 1979 12c (Net active service this period) 5 years 12d (Total prior active service)-1 year and 11 months 12f (Foreign Service)-2 years and 12 days * Item 18 (Remarks)-Extension of service was at the request and for the convenience of the government APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Envelope postmarked 28 April 2017 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 he has more time in the Army than the DD Form 214 is stating. His record of service in item 12 of the DD Form 214 is wrong. 3. The applicant provides: a. A copy of his DD Form 214 dated 10 December 1979 which reflects: * Item 11 Primary Specialty Number, Title and Years and Months in Specialty- 11B10 Infantryman, 6 years and 6 months * Item 12 Record of Service * Item 12a Date entered AD this period 10 December 1974 * Item 12b Separation date this period 10 December 1979 * Item 12c Net active service this period 5 years * Item12d Total prior active service-1 year and 11 months * 12f Foreign Service-2 years and 12 days * Item 18 Remarks-Extension of service was at the request and for the convenience of the government. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 10 January 1973. b. He graduated from the Basic Leadership course (BLC) on 7 June 1974. It was a one week course from 3 June 1974 to 7 June 1974. c. His enlisted evaluation data report dated November 1974 shows he was evaluated in 11B20 Military Occupational Specialty (MOS) Infantry. d. DA Form 2-1 (Personnel Qualification Record Part II) shows: * Item 5 Oversea Service-from 11 May 1974 thru 9 December 1975 (Republic of Korea) 20 months and from 28 November 1977 thru 29 November 1978 Korea 12 months * Item 21 Time Lost from 17 November 1977 thru 17 November 1977 reason CCA (civil confinement) e. His DD Form 214 (Report of Separation from Active Duty) dated 9 December 1974 reflects he was honorably discharged and shows: * item15 Date entered AD this period 10 January 1973 * Item 16a Primary Specialty Number, Title and Years and Months in Specialty- 11B20 Infantry Light Weapons * Item 18 (Record of Service) 18a- Net active service this period, 1 year, 10 months and 29 days 18c Total active service, 1 year, 10 months and 29 days 18e Total Service for Pay, 1 year, 10 months and 29 days 18f Foreign Service-6 months and 28 days * Item 27 Remarks-Refer to item #16a: Date awarded: 11 May 1973 f. DD Form 4 dated 10 December 1974 shows his immediate reenlistment in the Regular Army: * Item 40 Total Active Federal Service is 1 year, 10 months and 29 days * Item 49 Date of Discharge 9 December 1974, honorable, grade E-4, date and term of last enlistment 10 January 1973 g. Special Orders 237 dated 10 December 1974 he was discharged honorably for immediate reenlistment and reenlisted 10 December 1974. Stabilization, old DEROS 11 May 1975 and New DEROS 9 December 1975 is written on the orders. Active duty commitment four (4) years reenlisted for present duty assignment. h. In his statements for enlistment in service reenlistment option dated 10 December 1974, he reenlisted for his present duty assignment with 12 month extension of his FST (Foreign Service Term). i. In his oath of extension of enlistment dated 9 January 1975, he voluntarily extended his four (4) year enlistment of 10 December 1974 to a period of 5 years from the last mentioned date. A 12 month extension to extend his total active service commitment to over six (6) years to qualify for SRB (Selective Retention Bonus). j. Special Orders 34 dated 19 February 1975 promoted him to corporal (E-4) and awarded 11B40 (Light Weapons Infantryman, skill level 4) MOS and withdrew 11B20 MOS date of rank 10 January 1975. k. He accepted non judicial punishment (NJP) on 17 July 1978 for violating a general regulation. His punishment was reduction to grade private first class/E-3. l. Orders 168-79 dated 29 August 1978 he had a permanent change of station to Fort Carson, Colorado. His report date was 28 December 1978. m. On 21 September 1979, Orders 186-478 reassigned him to the transfer activity at Fort Carson, Colorado for separation processing. Scheduled date of discharge was 10 December 1979. n. His DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 10 December 1979 reflects he was honorably discharged and shows: * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty)- 11B10 Infantryman, 6 years and 6 months * Item 12 (Record of Service) 12a (Date entered AD this period) 10 December 1974 12b (Separation date this period) 10 December 1979 12c (Net active service this period) 5 years 12d (Total prior active service)-1 year and 11 months 12f (Foreign Service)-2 years and 12 days * Item 18 (Remarks)-Extension of service was at the request and for the convenience of the government. * Item 29 Dates of Time Lost During This Period 17 November 1977- 17 November 1977 o. An application of review of discharge and reenlistment dated 17 August 1983 requested that a paragraph be furnished regarding applicant’s eligibility for enlistment in the Regular Army and a determination be made regarding the correct reenlistment codes to be shown on the DD Form 214 and on the same form dated 6 September 1983 it stated the RE-3B was correct as shown on DD Form 214 dated 10 December 1979, based on time lost shown in item 29. p. On 7 November 1983, a memorandum from the office of the adjutant general regarding his reenlistment eligibility code states: The reenlistment eligibility code RE-3B is shown on the applicant’s Report of Separation, DD Form 214, to indicate that he required a waiver of 1 day time lost through civil confinement prior to enlistment in the Regular Army. Since the code was correct, it may not be changed. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. A DD Form 214 will be prepared for each Soldier as indicated: * item 12c-amount of service this period, computed by subtracting item 12a from 12b * item 18 remarks (Use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty Number, Title and Years and Months in Specialty), 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized), and 14 (Military Education) * item 29-dates of time lost during this period verify that time lost has been subtracted from net active service this period. Lost time under 10 USC 972 is not creditable service for pay, retirement, or veteran’s benefits. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board determined that all of the applicant’s military service is accurately depicted on his two DD Form 214s. The Board found no error or injustice which would warrant making a change to the documents. 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. 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. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. A DD Form 214 will be prepared for each Soldier as indicated: a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice; b. Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty; c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program. 3. AR 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. A DD Form 214 will be prepared for each Soldier as indicated: * item 12c-amount of service this period, computed by subtracting item 12a from 12b * item 18 remarks (Use this block for HQDA mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty Number, Title and Years and Months in Specialty), 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or Authorized), and 14 (Military Education) * item 29-dates of time lost during this period Verify that time lost has been subtracted from net active service this period. Lost time under 10 USC 972 is not creditable service for pay, retirement, or veteran’s 4. Army Regulation (AR) 635-200 prescribes policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 4 states a Soldier will be separated upon expiration of enlistment or fulfillment of service obligation. A Soldier ordered to active duty normally will be discharged or released from active duty on the date he/she completes the period for which enlisted or ordered to active duty. b. Personnel released from active duty and transferred to the USAR upon completion of the term of service for which ordered into active Federal service, or released to their Reserve Component upon completion of active duty. These Soldiers will not be discharged until completion of their Reserve obligation. 5. 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. Aside from her active service from 27 August 2008 to 13 March 2009 for which a DD Form 214 was issued, there is no evidence she performed any other period of active duty of at least 90 consecutive days that would have qualified her for the issuance of an additional DD Form 214. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170010879 2 1