ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190007494 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with a separation date of 23 January 1982, to show his basic active service date (BASD) as 26 January 1978. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2 – 1 (Personnel Qualification Record (PQR)) * DD Form 214, dated 23 January 1982 * DA Form 2A (USAR (PQR)), dated 10 April 1997 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 effect, he believes his BASD on his DD Form 214 should read as the entry for his DA Form 2 – 1, section VII, which shows "RES 7800126." He contends the same BASD entry is listed on his DA Form 2A (USAR). 3. On 7 March 1978, the applicant enlisted in the Regular Army (RA) for a period of 3 years. 4. A review of the applicant's record provides evidence, which shows his Basic Enlisted Service Date (BESD) or Pay Entry Base Date (PEBD) is listed as "26 January 1978." The following documents list his BESD or PEBD: * DD Form 1966/2 (Record of Military Processing – Armed Forces of the United States), page 2 * DA Form 2 – 1 * Orders 23-66, United States Army Regional personnel Center, Hanau, dated 23 January 1979 * DA Form 2A (USAR), dated 9 April 1998 5. On 24 January 1979, the applicant reenlisted (IMMEDIATE REENLISTMENT) for a period of 3 years. 5. On 23 January 1982, the applicant was discharged from active duty. His DD Form 214 shows: * item 2 (Department, Component and Branch) – "ARMY RA" * item 12a (Date Entered AD This Period) – "79 01 24" 6. The applicant provides a copy of his personnel qualification record which shows his PEBD as "780126." 7. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214. The regulation provides for item 12 enter the date of the first day of the last immediate reenlistment. 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 to include enlistment and reenlistments, the date of his Pay Entry Base Date and the entries on his DD form 214 for the period of service ending 23 January 1982. The Board found that his DD form 214 properly recorded his entry onto to active duty as a result of reenlistment and that items 12d and 12e properly reflect his Prior Active and Prior Inactive service. The Board also considered the policy at the time for issuance of a DD Form 214 for “Enlisted members discharged for immediate reenlistment in the RA.” Based on a preponderance of evidence, the Board determined that the entries on the applicant’s DD form 214 (Item 12) reflecting Record of Service were 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides for item 12a enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5). a. Paragraph 1 – 4b (5) states "Enlisted members discharged for immediate reenlistment in the RA. b. The regulation states, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Regular Army and each member of the Reserve components and the Army of the United States (AUS) without component, called or ordered to active duty or active duty for training (ACDUTRA) for a period of 90 days or more. c. The regulation provides a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list is the separation approval authority documentation and separation order. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. ABCMR Record of Proceedings (cont) AR20190007494 4 1