IN THE CASE OF: 

		BOARD DATE: 18 August 2021

		DOCKET NUMBER: AR20210006657


APPLICANT REQUESTS: reconsideration of his previous request for correction of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 
ending 30 June 1996 to show the date he entered active duty as 20 June 1974.

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)
	*  Headquarters, U.S. Army South Orders 255-12, 12 September 1995
	*  DA Form 2-1 (Personnel Qualification Record – Part II)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR1999033067 on 9 March 2000.

2.  The applicant states, in effect, his entire period of military service is not accurately 
shown on his retirement DD Form 214. He has documents that show his initial entry 
date to military service in 1974 with no break in service, after completing 22 years, not 
20 years of service.

3.  The applicant's DD Form 4 (Enlistment Contract – Armed Forces of the 
United States), 20 June 1974, shows he enlisted in the Regular Army on 20 June 1974 
for a period of 2 years.

4.  He executed a DA Form 1695 (Oath of Extension of Enlistment) on 14 June 1976, 
extending his original enlistment for a period of 3 months.

5.  He was honorably discharged in the rank/grade of corporal/E-4 on 16 September 1976
for immediate reenlistment in the Regular Army. His DD Form 214 (Report of 
Separation from Active Duty) for this period shows he completed 2 years, 2 months, and 
27 days of total active service.

6.  His DD Form 4, 17 September 1976, shows he reenlisted in the Regular Army on 
that date for a period of 4 years.

7.  Headquarters, U.S. Army South, Orders 255-12, 12 September 1995, released him 
from active duty and placed him on the Retired List effective 30 June 1996 in the 
rank/grade of sergeant first class/E-7. He completed 22 years and 11 days of active 
service for retired pay purposes.

8.  He retired on 30 June 1996. His DD Form 214 for this period shows in:

	*  item 12a (Date Entered Active Duty This Period) – 17 September 1976
	*  item 12b (Separation Date This Period) – 30 June 1996
	*  item 12c (Net Active Service This Period) – 19 years, 9 months, and 14 days
	*  item 12d (Total Prior Active Service) – 2 years 2 months, and 27 days (from 
	   previous DD Form 214)
	*  item 18 (Remarks) – Immediate Reenlistments This Period –

	*  17 September 1976 through 29 May 1980
	*  30 May 1980 through 8 January 1984
	*  9 January 1984 through 19 October 1989
	*  20 October 1989 through 1 July 1991

9.  He provided his DA Form 2-1 showing his initial enlistment period and his history of 
military service.

10.  On 9 March 2000, the ABCMR administratively denied his request for correction of 
his retirement DD Form 214 to show he entered this period of active duty service in 
June 1974. This letter noted he was appropriately issued a DD Form 214 showing his 
previous enlistment period prior to his immediate reenlistment in September 1976 per 
regulatory guidance in effect at the time. He was again appropriately issued another 
DD Form 214 upon completion of his service that concluded in his retirement per 
regulatory guidance at that time.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted. The Board carefully considered the applicant's record of 
service, documents submitted in support of the petition and executed a comprehensive 
and standard review based on law, policy and regulation. Upon review of the applicant’s 
petition and available military records the Board determined the applicant received two 
separated DD Form 214’s for his periods of service and found no error that would 
require correction of his DD Form 214 for the period ending 30 June 1996 to show the 
date he entered active duty as 20 June 1974.  However, during deliberation the Board 
determined the applicant served in the Republic of Korea from 31 October 1974 to 
25 November 1975 and his record did not reflect award of the Korean Defense Service 
Medal (KDSM). The Board recommends providing a copy of his DD Form 214 covering 
the period 20 June 1974 through 16 September 1976 for his records. Based on this the 
Board determined partial relief was warranted and granted relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by adding the 
Korean Defense Service Medal. 

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to correction of his DD Form 214 for the period ending 30 
June 1996 to show the date he entered active duty as 20 June 1974.

	 
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):  N/A


REFERENCES:

1.  Army Regulation 635-5 (Separation Documents), effective 15 October 1973, 
prescribed the separation documents which are prepared for individuals upon 
retirement, discharge, or release from active military service. This regulation stated a 
DD Form 214 would be issued to all personnel at the time of retirement, discharge, or 
release from the Army.

2.  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 stated do not reissue a DD Form 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.

     d.  The specific instructions for item 18 (Remarks) stated to enter a list of enlistment 
periods for which a DD Form 214 was not issued under the provisions of paragraph 1-4 
(example: Immediate Reenlistments This Period: 761210-791001; 791002-821001).

                            //NOTHING FOLLOWS//