ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  23 September 2019

		DOCKET NUMBER:  AR20180015313


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show he entered active duty on 9 June 1972.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Letter, undated
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, 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 entered active duty on 9 June 1972, not 15 August 1979
*	he reenlisted at Fort Bragg on 15 August 1979
*	he informed his Retirement Services Officer and he thought his DD Form 214 
was corrected to show the original date he enlisted
*	when he retired, his Retirement Services Officer assured him that his first 
reenlistment date was supposed to be recorded in item 12a (Date Entered Active 
Duty This Period) of his DD Form 214
*	when he applied for Department of Veterans Affairs (VA) benefits, VA 
representatives told him the wrong date was recorded in item 12a of his 
DD Form 214

3.  His records contain a DD Form 4 (Enlistment Contract – Armed Forces of the 
United States) showing he enlisted in the Regular Army on 9 June 1972.

4.  His records contain a DD Form 4 showing he was discharged on 14 August 1979 for 
immediate reenlistment in the Regular Army.  His available records do not contain a 
copy of his DD Form 214 for this period.  (NOTE:  Prior to 1 October 1979, a 
DD Form 214 was prepared for each member who, while serving on active duty, 
changed status or component and remained on active duty in the new status (e.g., 
reenlisted)).  He reenlisted in the Regular Army on 15 August 1979.

5.  He retired on 30 June 1992.  His DD Form 214 for this period shows in:

*	item 12a (Date Entered Active Duty This Period) – 15 August 1979
*	item 12b (Separation Date This Period) – 30 June 1992
*	item 12c (Net Active Service This Period) – 12 years, 10 months, and 16 days
*	item 12d (Total Prior Active Service) – 7 years, 2 months, and 6 days
*	item 18 (Remarks) – "Immediate Reenlistment This Period:  790815-820204; 
820205-871116; 871117-920630," indicating 15 August 1979 as the date of the 
first day of the immediate reenlistment for which a DD Form 214 was not issued

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the service data contained on the available DD Form 214 and the reason for his 
separation.  The Board considered the policy for issuance of DD Forms 214 in August 
1979 when the applicant reenlisted and determined that a separate DD Form 214 
should have been prepared.  The Board did not find this separate DD Form 214 in the 
applicant’s records and the applicant did not provide it.  Without the entirety of the 
contemporaneous records, it is impractical to attempt to recreate a DD Form 214 and 
counter to policy to change the period of service recorded on his existing DD Form 214.  
The Board notes that 7 years, 2 months and 6 days of Prior Active Service are properly 
recorded in item 12d of his DD form 214 for the period ending 30 June 1992.  Based on 
a preponderance of evidence, the Board determined that the applicant should be 
provide a document to reflect his service from 9 June 1972 to 14 August 1979.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.









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 
the Army records of the individual concerned be corrected by:
-	Amending his DD form 214 for the period ending 30 June 1992 to add to item 18 
(Remarks) – “Previous period of service 9 June 1972 to 14 August 1979; 
Honorable Discharge”, and
-	Issue him a DD Form 214 or equivalent document (Statement of Service) for the 
period of service from 9 June 1972 to 14 August 1979.
 

	 
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.


ADMINISTRATIVE NOTE(S):  not applicable.















REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute of limitations when the ABCMR determines it 
would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), effective 15 March 1978, 
prescribed the separation documents which were prepared for individuals upon 
retirement, discharge, or release from active military service.  The instructions stated a 
DD Form 214 would be prepared for each member who, while serving on active duty, 
changed status or component and remained on active duty in the new status (e.g., 
reenlisted).

3.  Army Regulation 635-5 (Separation Documents), effective 1 October 1979, stated a 
DD Form 214 would not be prepared for enlisted members discharged for immediate 
reenlistment in the Regular Army.  The specific instructions for item 12a stated to enter 
the date of the first day of the last immediate reenlistment for which a DD Form 214 
was not issued.
ABCMR Record of Proceedings (cont)	AR20180015313


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