ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 October 2019

	DOCKET NUMBER:  AR20180016214


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 23 November 1982 to show in:

*	Item 11 (Primary Specialty 
Number, Title and Years and Months in Specialty) the entry "6 YRS [years] & 
8 MOS [months]" instead of "6 YRS & 2 MOS"
*	Item 12a (Date Entered AD 
This Period) to show the entry "76 05 04" instead of "78 11 24"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) 
*	DD Form 214 (Report of Separation from Active Duty), for the period covering 
4 May 1976 through 23 November 1978
*	DD Form 214, for the period ending 23 November 1982
*	Certificate of Naturalization, dated 13 April 1977 with corresponding name 
change

FACTS:

1.  The applicant did not file within the three-year period 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 believes his date of entry is incorrect on his latest  
DD Form 214 (ending 23 November 1982) due to an administrative error as the 
result of his name change that occurred in April 1977.  He also states his years of 
service in his specialty field is incorrect.  

3.  DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United 
States) shows the applicant enlisted in the Regular Army on 4 May 1976 for a period 
of three years.  Item 1 (Name – Last, First, Middle, Jr., Sr., etc.) of this form shows 
his name as and he authenticated the document with his signature.

4.  Orders 160-7, dated 8 December 1976 awarded the applicant military 
occupational specialty (MOS) 91B10 (Medical Specialist) with an effective date of  
9 September 1976 after his completion of initial military training. 

5.  The applicant was honorably discharged on 23 November 1978 for the purpose 
of immediate reenlistment.  The DD Form 214 he was issued shows he served  
2 years, 6 months, and 20 days of total active service this period.  It further shows in:

     a.  item 15 (Date Entered Active Duty This Period), the entry "76 04 04" and   

     b.  item 16a (Primary Specialty Number and Title), the entry "91B10 Med 
Spec/760909." 

6.  Army Regulation 635-5 (Separation Documents), dated 20 August 1973, stated a 
service member who was discharged for immediate reenlistment was issued a  
DD Form 214 representing their initial enlistment. 

7.  The applicant executed a Regular Army immediate reenlistment contract on  
24 November 1978.  

8.  A DA Form 4187 (Personnel Action), dated 11 October 1979 shows the applicant 
requested his name be corrected on his official military records as a result of his 
name being changed from to  that occurred during his naturalization process on 13 
April 1977.    

9.  The applicant was honorably discharged on 23 November 1982 by reason of 
expiration term of service.  The DD Form 214 he was issued shows the following 
entries in:

     a.  item 11, the entry "91B10, Medical Specialist, 6 YRS & 2 MOS;"

     b.  item 12a, the entry "78 11 24;" 

     c.  item 12b (Separation Date This Period), the entry "82 11 23;"

     d.  item 12c (Net Active Service This Period), the entry "04 00 00" representing  
4 years;

     e.  item 12d (Total Prior Active Service), the entry "02 06 20" representing  
2 years, 6 months, and 20 days of prior service; and 

     f.  item 18 (Remarks), the entry "REF ITEM #1: Also Known As: 

10.  The applicant provides his DD Forms 214 and his Certificate of Naturalization 
become a U.S. citizen on 13 April 1977 and in conjunction had his name changed by 
the U.S. District Court of 
11.  Army Regulation 635-5 (Separation Documents), dated 15 August 1979, states 
for:

     a.  item 11 to enter the MOS codes, titles, years, and months for enlisted 
personnel and 

     b.  item 12a to enter the beginning date of the enlistment period or tour of active 
duty 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, a previous DD Form 214, total prior service on his second DD 
Form 214 and when he was awarded MOS 91B10.  The Board found that his total 
service was properly accounted for through the issuance of two DD Forms 214 and 
that his primary specialty time properly reflected total service less that amount of 
time he spent in initial entry training.  Based on a preponderance of evidence, the 
Board found that the applicant’s DD Form 214 for the period of service ending 23 
November 1982 was not in error or unjust. 

2.  After reviewing the application and all supporting documents, the Board found 
that relief was not warranted.

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 635-5 (Separation Documents), dated 20 August 1973, 
established the standardized policy for preparing and distributing the DD Form 214.  
This version directed that the purpose of the separation document was to provide 
the separating service member with documentary evidence of his or her military 
service.  It noted a DD Form 214 would be issued to enlisted personnel at the time of 
change of status or extension of active duty. Section III contained guidance on the 
preparation of the DD Form 214.

     a.  Item 15 (Date Entered Active Duty This Period) enter date on active duty in 
order shown on DD Form 214 using all numerals; e.g., 73 for year, 01 for January. 

     b.  Item 16a (Primary specialty number and title) enter the MOS code, title, and 
date of award.  Also, for enlisted personnel enter PMOS evaluation score and date 
of score.

3.  Effective 1 October 1979, military personnel who were discharged for the 
purpose of immediate reenlistment were no longer issued a separate DD Form 214. 

4.  Army Regulation 635-5 (Separation Documents), dated 15 August 1979, 
established the standardized policy for preparing and distributing the DD Form 214.  

     a.  Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) 
enter the MOS codes, titles, years, and months for enlisted personnel.

     b.  Item 12a (Date Entered AD This Period) enter the beginning date of the 
enlistment period or tour of active duty for which a DD Form 214 was not issued. 

					// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20180016214

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