ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 November 2019 DOCKET NUMBER: AR20170012790 APPLICANT REQUESTS: in effect, to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty), period ending 2 March 1981 to reflect his period of service from June 1975 to March 1981. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD From 214, period ending 2 March 1981 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, in effect, his military time served was from June 1975 to March 1981. He states he needs a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) as soon as possible for retirement purposes. Remarks on his DD Form 214 state that he separated on temporary records and Soldier’s affidavit. 3. The applicant provides: a. A copy of his DD Form 214, period ending 2 March 1981 showing in: * Item 12a, the date he entered active duty this period references to see Item 18 (Remarks) * Item 12b, separation date this period is 2 March 1981 * Item 12c, net active service this period references to see Item 18 * Item 12d, his total prior active service references to see Item 18 * Item 12e, total prior inactive service references to see Item 18 * Item 12f, foreign service references to see Item 18 * Item 18, lists “SM separated on temporary records and Soldier’s affidavit, DD Form 215 will be issued to provide missing information. NOTHING FOLLOWS” 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) Control Group (Delayed Entry) on 25 June 1975. He enlisted in the Regular Army for 3 years on 27 June 1975. b. The applicant was honorably discharged on 30 January 1978 for immediate reenlistment. He was issued a DD Form 214 for this period of service. Item 15 (Date Entered Active Duty This Period), shows the date he entered active duty this period on 27 J___ 19X5. His total active service is 2 years, 7 months, and 4 days. c. His DA FM 2-1 (Personnel Qualification Record) reflected his Basic Enlisted Service Date as 27 July 1970 in item 20. He was absent without leave from 21 August 1979 to 20 September 1979. d. He reenlisted in the Regular Army on 31 January 1978. e. Orders 57-106, dated 26 February 1981, shows the applicant was relieved from active duty effective 2 March 1981 and assigned to the USAR Control Group (Reinforcement). f. His DD Form 214 shows the applicant was honorably discharged on 2 March 1981 upon completion of his required service. His DD Form 214 also shows in: * Item 12a, the date he entered active duty this period references to see Item 18 (Remarks) * Item 12b, separation date this period is 2 March 1981 * Item 12c, net active service this period references to see Item 18 * Item 12d, his total prior active service references to see Item 18 * Item 12e, total prior inactive service references to see Item 18 * Item 12f, foreign service references to see Item 18 * Item 18, lists “SM separated on temporary records and Soldier’s affidavit, DD Form 215 will be issued to provide missing information. NOTHING FOLLOWS” 5. By regulation (AR 635-5 (Separation Documents), in effect at the time, the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Item 12a state to enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued. 6. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the information on the applicant’s March 1981 being incomplete, the Board recommended that changes be made to the applicant’s DD Form 214 to more accurately depict his military service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 with an end date of 2 March 1981 to show: * (Item 12a) Date Entered AD This Period: “78 01 31” * (Item 12c) Net Active Service This Period: “03 01 30” * (Item 12d) Total Prior Active Service: “02 07 04” * (Item 12e) Total Prior Inactive Service: “00 00 02” * (Item 12f) Foreign Service: “02 02 20” 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 635-5, paragraph 2-8, in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Item 12a state to enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170012790 4 1