IN THE CASE OF: BOARD DATE: 15 April 2022 DOCKET NUMBER: AR20210013470 APPLICANT REQUESTS: correction of item 12a (Date entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July1995 to show the date he entered active duty as 4 October 1975. 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) * DA Form 3286-13 (Statements for Enlistment), 4 November 1975 * DA Form 2339 (Application for Voluntary Retirement), 13 January 1995 * DA Form 2-1 (Personnel Qualification Record – Part II), item 35 (Record of Assignments) * DD Form 214 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 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 he served in the Army National Guard (ARNG) from 12 September 1974 to 7 July 1975. He enlisted in the Regular Army on 4 October 1975 and retired in 1995. He doesn't know why his DD Form 214 shows a different date of entry on active duty. This discrepancy has created confusion regarding his time of creditable service for his leave and his Reduction-In-Force for his civil service job computation. No one in his Human Resources Office has been able to explain this discrepancy. This entry needs to be corrected on his DD Form 214; his military records need to reflect the correct dates. The Human Resources Office computed his creditable service for leave and Reduction-In-Force and states his DD Form 214 only shows 16 years, 2 months, and 9 days of active service. The Human Resources Office will not take any other proof; his DD Form 214 needs to be correct to display the correct amount of time he served. 3. His records show he enlisted in the ARNG on 19 May 1974. 4. He was ordered to active duty for training on 12 September 1974. He was honorably released from active duty for training to the control of the ARNG on 7 July 1975 upon completion of initial entry training. His DD Form 214 for this period shows in: * item 18a (Net Service This Period) – 9 months and 26 days * item 18d (Prior Inactive Service) – 3 months and 23 days 5. His records do not contain his discharge document from the ARNG. 6. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), 30 September 1975, shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program on 30 September 1975 for a period of 6 years and a commitment to enlist in the Regular Army on 4 November 1975. 7. His DA Form 3286 (Statements for Enlistment) shows he enlisted in the Regular Army on 4 November 1975 for a period of 4 years. 8. He was honorably discharged on 21 May 1979 for the purpose of immediate reenlistment. His DD Form 214 for this period shows in: * item 18a (Net Active Service This Period) – 3 years, 6 months, and 18 days * item 18b (Prior Active Service) – 9 months and 26 days * item 18d (Prior Inactive Service) – 7 months and 20 days 9. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), 22 May 1979, shows he immediately reenlisted on 22 May 1979 for a period of 3 years. * item 9a (Total Active Military Service) shows 4 years, 4 months, and 14 days * item 9b (Total Inactive Military Service) shows 7 months and 20 days 10. He reenlisted on 24 March 1982, 24 April 1987, and 26 March 1992. 11. His DA Form 2339 (Application for Voluntary Retirement), 13 January 1995, shows his chronological dates of military service as: * USAR (should read ARNG) – 19 May 1974 to 11 September 1974 – 3 months and 23 days * Regular Army (should read ARNG on active duty) – 12 September 1974 to 7 July 1975 – 9 months and 26 days * USAR – 8 July 1975 to 3 November 1975 – 3 months and 26 days * Regular Army – 4 November 1975 to 31 July 1995 – 19 years, 8 months, and 27 days 12. He retired on 31 July 1995. His DD Form 214 for this period shows in: * item 12a (Date Entered Active Duty this Period) – 22 May 1979 * item 12c (Net Active Service this Period) – 16 years, 2 months, and 9 days * item 12d (Total Prior Active Service) – 4 years, 4 months, and 14 days * item 12e (Total Prior Inactive Service) – 7 months and 19 days * item 18 (Remarks) – Immediate Reenlistments This Period – * 22 May 1979 through 23 March 1982 * 24 March 1982 through 23 April 1987 * 24 April 1987 through 25 March 1992 13. By regulation (AR 635-5), prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of enlistment or reenlistment. However, AR 635-5 was revised on 15 August 1979, indicating 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. This revision ended the need to prepare a DD Form 214 for enlisted members who were discharged for immediate reenlistment. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. Board members noted that prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of enlistment of immediate reenlistment. For the applicant's initial service from 1975 to 1979, he was issued a separate DD Form 214. On 1 October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of enlistment of immediate reenlistment. Once he reenlisted, his DD Form 214 became a record of continuous active service, which documented his active service plus his prior active service. Board members found no error or injustice in his final DD Form 214. 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. 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 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 635-5 (Separation Documents), 20 August 1973 and in effect at the time of the applicant's first reenlistment, prescribed the separation documents which are furnished individuals who are retired, discharge, or release from active military duty. The instructions stated a DD Form 214 would be prepared for each member who, while serving on active duty, changed status or component and remained on active duty in the new status (e.g., reenlisted). 4. Army Regulation 635-5 (Separation Documents), 15 August 1979 and in effect at the time of the applicant's subsequent reenlistments, 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. 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. b. 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// ABCMR Record of Proceedings (cont) AR20210014628 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1