IN THE CASE OF: BOARD DATE: 18 January 2022 DOCKET NUMBER: AR20200009784 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct enlistment date. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: a DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, in effect, his DD Form 214 lists the incorrect enlistment date. He reenlisted on 26 February 1976. The applicant did not specify which DD Form 214 was incorrect. 3. The applicant’s available military records show: a. He enlisted in the Regular Army on 14 December 1970. He served until he was honorably released from active duty (REFRAD) on 10 December 1973 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligations. He was issued a DD Form 214 for this period of service from 24 December 1970 to 10 July 1973. b. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he remained in the USAR from December 1973 to May 1976. c. On 6 April 1976, he enlisted in the U.S. Army Reserves under the Delayed Entry Program (DEP). He was discharged from the DEP and subsequently enlisted in the Regular Army for 3 years on 25 May 1976. d. On 26 February 1979, the applicant reenlisted in the RA. He was discharged on 24 May 1979. He was issued a DD Form 214 (Report of Separation from Active Duty) for the period 25 May 1976 to 24 May 1979. e. It appears the applicant executed an extension or reenlistment, and then reenlisted in the RA on 19 October 1979. The record does not show a break in service between his previous discharge and reenlistment. f. Upon his retirement the applicant was issued a DD Form 214 for the period 26 February 1979 to 30 June 1993. Item 18 (Remarks) of this DD Form 214 confirms that his immediate reenlistment periods as 26 February 1979 to 18 October 1979, 19 October 1979 to 2 October 1983, and 3 October 1983 to 4 July 1989. It also shows his prior active service of 5 years, 4 months, and 14 days. 4. Regulatory guidance states to enter in Item 12a of the DD Form 214, the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not previously-issued. Effective 1 October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of immediate reenlistment, and the DD Form 214 became a record of continuous active service. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members noted he served on active duty from 14 December 1970 to 10 December 1973 and from 24 December 1970 to 10 July 1973. He was issued a separate DD Form 214 for each period of service. In October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of immediate reenlistment, and the DD Form 214 became a record of continuous active service. The applicant enlisted or reenlisted on 26 February 1979 and served continuously until 30 June 1993. His DD Form 214 correctly captured his service and Item 18 (Remarks) of this DD Form 214 confirms that his first immediate reenlistment period as 26 February 1979 to 18 October 1979. Item 12a shows the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not previously-issued. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX: XX: XX: 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, United States 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 (AR) 635-5 (Personnel Separations-Separation Documents), in effect at the time, governs the preparation of the DD Form 214. It states: a. A DD Form 214 will be issued at time of separation, regardless of the actual number of days served. b. Effective 1 October 1979, a DD Form 214 would no longer be issued for immediate reenlistments. The regulation in effect at the time, stated to enter a list of enlistment periods for which a DD Form 214 was not issued when the enlisted member was discharged for the purpose of immediate reenlistment in the RA. Example: Immediate reenlistments this period: 761210-791001; 791002-821001. c. Later versions of this regulation state to enter in Item 12a of the DD Form 214, the beginning date of the enlistment period or tour of active duty for which a previous DD Form 214 was not issued. 3. AR 15-185 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009784 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1