ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2019 DOCKET NUMBER: AR20170013213 APPLICANT REQUESTS: correction of item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 March 1981 to show he entered active duty on 2 August 1977 instead of 23 April 1980. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Except of DD Form 4 ( Enlistment or Reenlistment Agreement) * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Medical Records 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 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 e-benefits, under service verification his military record shows he entered active duty on 23 April 1980 and was discharged on 2 March 1981, which is incorrect. He would like for his correct time of service and discharge date to be changed on his DD Form 214. 3. The applicant provides medical records, which include his enlistment physical examination, dated 2 August 1977 and other treatment records, while on active duty. 4. A review of the applicant’s service records shows: a. He enlisted in the U.S. Army Reserve (USAR) on 2 August 1977. On 12 September 1977, he was discharged from the USAR and enlisted in the Regular Army (RA) on the same date. b. His personnel qualification record shows, in pertinent part, in item 35 (Record of Assignments): * Delayed Entry Program: August 1977 to September 1977 * Enlistment: 12 September 1977 * Basic Combat Training: 16 September 1977 to 3 November 1977 * Advanced Individual Training: 4 November 1977 to 22 February 1978 c. He executed an oath of extension of enlistment on 8 November 1979 for a period of 3 years. d. He reenlisted in the RA on 23 April 1980. His DD Form 4 shows in item 9a (Total Active Military Service): 2 years, 7 months, and 11 days. e. He was honorably discharged from active duty on 2 March 1981. His DD Form 214 shows in: * item 12a (Date Entered Active Duty This Period): 23 April 1980 * item 12b (Separation Date This Period): 2 March 1981 * item 12c (Net Active Service This Period): 10 months and 7 days * item 12d (Total Prior Active Service): 2 years, 7 months, and 11 days 5. By regulation, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. The regulation, in effect 1 October 1979, ended the need to prepare a DD Form 214 for enlisted members who are discharged from immediate reenlistment. The applicant served from 12 September 1977 to 22 April 1980, a period of service for which a DD Form 214 was not issued. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found that an error was present relating to when he entered active duty which warranted correction. 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 by * delete from Item 12a: “80 04 23” * add to Item 12a: “77 09 12” * delete from Item 12f: “02 07 11” * add to Item 12f: “00 00 00” 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 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 (AR) 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. a. It stated for * item 12a (Date Entered Active Duty This Period), enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued * item 12b (Separation Date This Period), self-explanatory * item 12c (Net Active Service This Period), all service entered will be less time lost under 10 U.S. Code 972 and time lost after expiration of term of service * item 12d (Total Prior Active Service), all service entered will be less time lost under 10 U.S. Code 972 and time lost after expiration of term of service b. The revision, effective 1 October 1979, ended the need to prepare a DD Form 214 for enlisted members who are discharged from immediate reenlistment. ABCMR Record of Proceedings (cont) AR20170013213 3 1