IN THE CASE OF: BOARD DATE: 6 July 2021 DOCKET NUMBER: AR20210009157 


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1992 to show the date he entered active duty as 7 May 1976. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.Headquarters, 7th Infantry Division and Fort Ord, Orders 113-320, 23 April 1979

.DD Form 214

.DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 11 June 1995

.Five Defense Finance and Accounting Service (DFAS) Military Leave andEarnings Statements (LES) covering the periods 12 August 1994, 4 August 1995,10 June 1996, 4 August 1997, and 7 May 1999

.U.S. Army Reserve Personnel Command (ARPC) Form 249-2-E (ChronologicalStatement of Retirement Points), 19 April 2002



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. 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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he originally enlisted on 7 May 1976 and served at Fort Ord,CA, for 3 years. He reenlisted on 7 October 1980. He would like his DD Form 214 toshow his original entry date into military service.

3.The applicant's limited available records do not contain an enlistment documentindicating he enlisted on or about 7 May 1976.

4.Headquarters, 7th Infantry Division and Fort Ord, Orders 113-320, 23 April 1979,reassigned him from the 519th Maintenance Company, Fort Ord, to the U.S. ArmyTransfer Point for the purpose of relieving him from active duty effective 29 June 1979
and assigning him to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His component is shown as Regular Army; his pay entry basic date (PEBD) is shown as 7 May 1976; and his expiration term of service (ETS) date is shown as 29 June 1979. 

5.His records do not contain, nor does he provide, a DD Form 214 covering the periodfrom on or about 7 May 1976 until on or about 29 June 1979 or on or about 6 October1980 per his contention. Further, his available records do not contain any subsequentenlistment documents showing he enlisted in the Regular Army on or about 7 October1980.

6.He provided his DD Form 214 for the period ending 31 July 1992 showing he washonorably discharged from the Regular Army by reason of the Enlisted VoluntaryTransition Program. He completed 11 years, 9 months, and 24 days of net activeservice during this period. He was transferred to the USAR Control Group (IndividualReady Reserve). His DD Form 214 shows in:

.item 12a (Date Entered Active Duty This Period) – 7 October 1980

.item 12b (Separation Date This Period) – 31 July 1992

.item 12d (Total Prior Active Service This Period) – 3 years

.item 18 (Remarks) – Immediate Reenlistment This Period: 7 October 1980through 7 May 1987 and 8 May 1987 through 7 February 1990



7.His DD Form 4-E (Enlistment/Reenlistment Document – Armed Forces of theUnited States), 8 June 1992, shows he enlisted in the USAR effective 1 August 1992 fora period of 3 years in pay grade E-5 in military occupational specialty 91R2H. Thisenlistment was identified as a Reserve Component Transition Enlistment.

8.His DD Form 4, 2 June 1993, shows he enlisted in the Georgia Army National Guard(ARNG) on 2 June 1993 for a period of 2 years and 8 weeks in pay grade E-5.

9.His DA Form 4836, 11 June 1995, shows he extended his enlistment for a period of4 years, establishing a new ETS date of 31 July 1999.

10.Item 35 (Current and Previous Assignments) of his DA Form 2-1 (PersonnelQualification Record – Part II) prepared on 2 June 1993 and reviewed on 11 August1996 contains the following entries:

.Reserve – 7 May 1976 to 6 October 1977 USAR Delayed Entry ProgramPrivate First Class Veterinary Food Inspection Specialist, Service not on ActiveDuty 17 months E-3 military occupational specialty (MOS) 91R Medical Corps

.Active Duty – 7 October 1977 to 31 July 1992 Regular Army Sergeant VeterinaryFood Inspection Specialist, E-5 178 months MOS 91R2H Medical Corps


.1 August 1992 to 13 October 1992 – USAR Control Group (Reinforcement)Sergeant, Service not on Active Duty 2 months Teletypewriter Terminal DeviceRepairer, E-5 MOS 29J Signal Corps



11.His automated National Guard Bureau Form 22 (Report of Separation and Recordof Service) shows he was honorably discharged from the ARNG and transferred to theUSAR Control Group (Retirement) effective 31 July 1999. This form shows hecompleted 6 years, 1 month, and 30 days of net service during this period.

12.His National Guard Bureau Form 23A (ARNG Current Annual Statement), 24 March2000, shows:

.he was in the Regular Army from 7 May 1976 through 6 May 1986

.he had active duty lost time from 7 May 1986 through 6 May 1987 (a non-creditable period of service)

.he was in the Regular Army from 7 May 1987 through 1 August 1992

.he was in the USAR from 2 August 1992 through 1 June 1993

.he was in the ARNG from 2 June 1993 through 1 November 1999



13.He provided five DFAS LESs (1994, 1995, 1996, 1997, and 1999), all outside hisactive duty period of service. He also provided an ARPC Form 249-2-E showing hisretirement points and his Regular Army service with a beginning date of 7 May 1976and the ending date of 1 August 1992.

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted.  The applicant’s contentions, the military record, and regulatory guidance were carefully considered.  The evidence shows there is a period of active duty in which his record is void of a separation document.  The Board agreed a DD Form 214 is not warranted; however, he should receive a Transcript of Military Record to cover the period. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

:XX :XX :XX GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by issuing hima AHRC Form 1596 (Transcript of Military Record) in the absence of a copy of theactual separation document for the period covering 7 October 1977 through 6 October1980 with an Honorable character of service.

2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to reissuing a DD Form 214.



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, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The Board considers individual applications that areproperly brought before it. The ABCMR will decide cases on the evidence of record; it isnot an investigative body. The Board begins its consideration of each case with thepresumption of administrative regularity. The applicant has the burden of proving anerror or injustice by a preponderance of the evidence.

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

4.Army Regulation 635-5 (Separation Documents), effective 1 October 1979,prescribed the separation documents that must be prepared for Soldiers at the time ofretirement, 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. Thisrevision ended the need to prepare a DD Form 214 for enlisted members who weredischarged for immediate reenlistment.

a.Paragraph 1-4 stated a DD Form 214 would not be prepared for enlistedmembers discharged for immediate reenlistment in the Regular Army. 

b.Paragraph 2-5 stated do not reissue a DD Form 214 to replace record copies orDD 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 enlistmentperiods 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). 
5.  The DFAS website defines PEBD as the date that denotes how much of a member's service is creditable toward longevity for pay purposes. It may also represent the date a member enters active duty for pay purposes. 
 
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