IN THE CASE OF: BOARD DATE: 20 August 2020 DOCKET NUMBER: AR20190013550 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1981 to show in: * item 12a (Date Entered Active Duty this Period) – 28 August 1961 * item 12c (Net Active Service this Period) – 20 years and 3 days * item 12d (Total Prior Service) – 0 years, 0 months, and 0 days 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) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 March 1971 * Orders 179-1, Headquarters, U.S. Army Military District of Washington, dated 12 September 1980 * Orders 179-2, Headquarters, U.S. Army Military District of Washington, dated 12 September 1980 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1981 * Certificate of Retirement, dated 1 September 1981 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. 3. Army Regulation 635-205 (Personnel Separations – Discharge and Release Convenience of the Government), effective 11 January 1960, set forth the conditions under which enlisted personnel of the Army may be discharged or released from active military service or released from military control for the convenience of the Government. Paragraph 3b (Categories for which Discharge is Authorized) stated unit commanders were authorized to order discharge of enlisted personnel for the convenience of the Government to permit immediate reenlistment in the Regular Army for a term of 3 or more years, as authorized, of individuals currently serving in the Regular Army who apply for and are qualified for such reenlistment. 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), effective 1 March 1978, set forth the basic authority for the separation of enlisted personnel. Chapter 12 established policies and procedures for implementing laws governing voluntary retirement of enlisted personnel of the Regular Army by reason of length of service. 5. Army Regulation 635-5 (Separation Forms), effective 11 January 1960 through 30 September 1979, prescribed the forms to be used in the separation of Army personnel and were applicable to all officer and enlisted personnel on active duty. a. The purpose of a separation form is to provide the individual with documentary evidence of his military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he is entitled. b. A DD Form 214 will be issued at the time of separation to each member of the Regular Army. A DD Form 214 will also be furnished to individuals at the time of a change in status (e.g., immediate reenlistment). 6. Army Regulation 635-5 (Separation Documents), effective 1 October 1979, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. This revision ended the need to prepare a DD Form 214 for enlisted members who were discharged for immediate reenlistment. a. Paragraph 1-4 stated a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. b. Paragraph 2-5 (Issuance or Reissuance of DD Form 214) stated do not reissue DD Forms 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record. c. The specific instructions for item 12a (Date Entered Active Duty This Period) stated to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. 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 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 his final DD Form 214 shows the date he entered active duty as 14 December 1977. He believes his DD Form 214 should show his original enlistment date of 28 August 1961. He feels his final DD Form 214 should show he has 20 years of uninterrupted active duty service in the U.S. Army. 3. He enlisted in the Regular Army on 28 August 1961 for a period of 3 years. 4. He was honorably discharged on 14 November 1963 for the purpose of immediate reenlistment. His available records do not contain his DD Form 214 for this period. 5. He reenlisted on 15 November 1963 for a period of 6 years. 6. He was honorably discharged on 14 November 1969 for the purpose of immediate reenlistment. His available records do not contain his DD Form 214 for this period. 7. He reenlisted on 15 November 1969 for a period of 3 years. 8. He was honorably discharged on 29 March 1971 for the purpose of immediate reenlistment. His DD Form 214 for this period shows in: * item 11d (Effective Date) – 29 March 1971 * item 17c (Date of Entry) – 15 November 1969 * item 22a(1) (Net Service This Period) – 1 year, 4 months, and 15 days * item 22a(2) (Other Service) – 8 years, 2 months, and 17 days * item 22a(3) (Total) – 9 years, 7 months, and 2 days * item 22b (Total Active Service) – 9 years, 7 months, and 2 days 9. He reenlisted on 30 March 1971 for a period of 4 years. 10. He was honorably discharged on 29 December 1974 for the purpose of immediate reenlistment. His available records do not contain his DD Form 214 for this period. 11. He reenlisted on 30 December 1974 for a period of 3 years. 12. He was honorably discharged on 23 December 1977 for the purpose of immediate reenlistment. His available records do not contain his DD Form 214 for this period. 13. He reenlisted on 14 December 1977 for a period of 4 years. 14. He retired on 31 August 1981. His DD Form 214 for this period shows in: * item 12a (Date Entered Active Duty This Period) – 14 December 1977 * item 12b (Separation Date This Period) – 31 August 1981 * item 12c (Net Active Service This Period) – 3 years, 8 months, and 7 days * item 12d (Total Prior Active Service) – 16 years, 3 months, and 26 days BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted that, during the period the applicant served, he was issued a DD Form 214 each time he reenlisted. As such, in accordance with the governing regulation in effect at the time, his final DD Form 214 covered his period of service from the date of his last reenlistment (14 December 1977) to the date of his retirement (31 August 1981). Also in accordance with the governing regulation in effect at the time, his active duty service prior to 14 December 1977 was recorded in item 12d. The Board determined that his DD Form 214 for the period ending 31 August 1981 contains no errors in how his service is documented on the form. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190013550 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1