ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20180005386 APPLICANT REQUESTS: his DD Form 214 (Report of Separation from Active Duty) be corrected to show his date of entry on active duty as 13 January 1975. 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) * Certificate of Military Service 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 the date of entry on his DD Form 214 is incorrect and he would like it corrected. 3. The applicant provides: a. A copy of his DD Form 214 showing he entered active duty on 27 August 1979 and was discharged on 31 July 1995 with 15 years, 11 months and 4 days of net active service this period. b. Certificate of Military Service, which covers the dates of 13 January 1975 through 27 August 1979. 4. A review of the applicant’s service record shows: a. He enlisted in the United States Army Reserves on 25 November 1974 and later enlisted in the Regular Army (RA) on 13 January 1975 for 2 years. He was honorably discharged on 26 August 1979 for the purpose of immediate reenlistment. A copy of his DD Form 214 for this period of service is not available for review with this case. b. He executed a 3 year reenlistment in the RA on 15 October 1976 and again was honorably discharged on 26 August 1979 for the purpose of immediate reenlistment. He completed 4 years, 7 months and 13 days of total active military service. A copy of his DD Form 214 for this period of service is also not available for review with this case. c. He executed a 4 year reenlisted in the RA on 27 August 1979 with consecutive reenlistments. His DD Form 214, line 12d covers the total prior active service, which if added to line 12c totals 20 years, 6 months and 18 days of total active service with 1 month and 18 days of inactive service. d. The applicant enlisted in the RA on 13 January 1975 and subsequently served through multiple reenlistments until he retired on 31 July 1995. With the exception of his first enlistment and first reenlistment, his records contain a DD Form 214, which captured his active service for each period of reenlistment. He completed 20 years, 6 months and 18 days of total active service. 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. Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment. Consolidation of two or more DD Forms 214 was not authorized at the time of his service. The applicant’s retirement DD Form 214 correctly reflects his record of service and contains no errors. 6. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The applicant has a statement of service to account for missing a 214 for his immediate reenlistment. Regulatory guidance at the time in which he served allowed for the issuing of a separation document when reenlisting. The Board agreed his initial entry date was not to be shown on the subsequent DD Form 214; however, the form does account for the previous period of active service. Based upon all docuementary evidence provided by the applicant and obtained in the military service record, the Board concluded that there was no error or injustice in this case. 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 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 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005386 3 1