ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20190003267


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect 10 September 1974 as the date that he entered 
on active duty.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 

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 that his current DD Form 214 reflects 28 June 1976 as the date 
that he entered active duty, however this date is incorrect.  The correct date should be 
10 September 1974. 

3.  The applicant provides a DD Form 214 dated 30 June 1993.  Block 12a. (Date 
Entered Active Duty This Period) reflects 28 June 1976.

4.  A review of the applicant’s service record shows the following on: 

*	27 September 1974 - inducted in the Army 
*	27 June 1976 - discharged for immediate reenlistment; a DD Form 214 was 
issued covering the period of 27 September 1974 through 27 June 1976
*	28 June 1978 - reenlisted in the Army
*	30 June 1993 – retired from the Army; a DD Form 214 was issued covering the 
period of 28 June 1976 through 30 June 1993

5.  The applicant’s military service records are void of, and the applicant did not provide, 
documents that reflect an entrance on active duty date of 10 September 1974.

6.  Army Regulation (AR) 635-5 (Separation Documents) states that all entries other 
than those in the "Personal Data" section apply to the current period of service, except 
that in those cases when enlisted personnel were not furnished a DD Form 214 upon 
discharge from a previous enlistment or enlistments.  Items 19, 21, 22 and 24 through 
29 of DD Form 214 will cover all service not previously covered by a DD Form 214. 

7.  Table 2-1 states that Item 12a (Date entered Active Duty this Period) will contain the 
beginning date of the enlistment period or tour of active duty for which a DD Form 214 
was not previously issued.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered two DD Forms 214 in the applicant’s file 
and determined that he received a DD form 214 for the period of service from 27 
September 1974 to 27 June 1976 as well as a DD Form 214 for the period of service 
from 28 June 1976 to 30 June 1993.  The 1993 DD Form 214 reflects his prior active 
service in item 12d.  DD Forms 214 will only include the dates of service not previously 
covers by a DD Form 214.  The Board found no evidence of the applicant entering 
active duty on 10 September 1974 and the applicant provided none.  The Board 
determined there was no error to correct, but recommends the applicant be provided a 
copy of the DD Form 214 for the period ending 27 June 1976.    

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.


ADMINISTRATIVE NOTE(S):

The Board recommends the applicant be provided a copy of his DD Form 214 for the 
period of service ending on 27 June 1976.




REFERENCES:

1.  (Optional as applicable.)  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) states that all entries other 
than those in the "Personal Data" section apply to the current period of service, except 
that in those cases when enlisted personnel were not furnished a DD Form 214 upon 
discharge from a previous enlistment or enlistments.  Items 19, 21, 22 and 24 through 
29 of DD Form 214 will cover all service not previously covered by a DD Form 214. 

3.  Table 2-1 (DD Form 214 Preparation Instructions) states that Item 12a (Date 
entered Active Duty this Period) will contain the beginning date of the enlistment period 
or tour of active duty for which a DD Form 214 was not previously issued.

ABCMR Record of Proceedings (cont)	 AR20190003267

3

1