IN THE CASE OF: 
BOARD DATE: 19 August 2022 
DOCKET NUMBER: AR20220001277 


APPLICANT REQUESTS: reconsideration of his request for the 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 30 September 1993, to show 18 September 1973. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•Letter, 18 October 2021

•DA Form 3713 (Data for Retired Pay), 30 November 1992

•DA Form 2-1A (Personnel Qualification Record – Part I), 23 December 1992

•DA Form 2-1 (Personnel Qualification Record – Part II)

•Defense Finance and Accounting Service Leave and Earnings Statement,31 July 1993

•Summary of Retired Pay Computation, 12 October 1993

•DD Form 214



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20160006793 on 10 April 2018.

2.The applicant states

3.His DD Form 4, dated 18 September 1973, shows he enlisted in the U.S. ArmyReserve Delayed Entry Program on 18 September 1973 for a period of 6 years and acommitment to enlist in the Regular Army on 26 September 1973

4.He was honorably discharged on 25 June 1975 for the purpose of immediatereenlistment. His DD Form 214 for this period shows in:

•item 18a (Net Active Service This Period) – 1 year, 9 months

•item 18d (Prior Inactive Service) – 8 days

•item 18e (Total Service for Pay) – 1 year, 9 months, and 8 days



5.He reenlisted on 14 April 1980 for a period of 3 years. Item 40 (Total Active FederalService) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States),14 April 1980, shows he completed 2 years, 9 months, and 8 days of prior activeservice.

6.His DD Forms 4, 14 April 1980, 22 July 1983, 27 December 1984, and 24 May 1988,show his subsequent reenlistments and prior active service.

7.His item 22 (Voluntary Retirement) of his DA Form 3713 (Data for Retired Pay),30 November 1992, shows his computation of years of service credited for retirement orretired pay as 20 years and 5 days.

8.DA Form 2-1A (Personnel Qualification Record – Part I), 23 December 1992, showshis:

•Pay Entry Basic Date as 18 September 1973

•Basic Active Service Date as 26 September 1973



9.His Defense Finance and Accounting Service Leave and Earnings Statement,31 July 1993, shows his pay entry date as 18 September 1973.

10.He retired on 30 September 1993. His DD Form 214 for this period shows in:

•item 12a (Date Entered Active Duty this Period) – 26 June 1975

•item 12c (Net Active Service this Period) – 18 years, 3 months, and 5 days

•item 12d (Total Prior Active Service) – 1 year, 9 months

•item 12e (Total Prior Inactive Service) – 8 days

•item 18 (Remarks) – Immediate Reenlistments This Period –



•26 June 1975 through 13 April 1980

•14 April 1980 through 21 July 1983

•22 July 1983 through 26 December 1984

•27 December 1984 through 23 May 1988

•24 May 1988 through 22 October 1991



11.His Summary of Retired Pay Computation, 12 October 1993, shows his:

•Service For Basic Pay as 20 years and 13 days

•Service for Retired Pay as 20 years and 5 days



12.On 10 April 2018, the Army Board for Correction of Military Records (ABCMR)denied the applicant’s request to correct item 12a (Date Entered Active Duty ThisPeriod) of his DD Form 214. The Board determined that item 12a of his DD Form 214, for the period ending 30 September 1993, properly shows he entered this period of active duty on 26 June 1975. 

13.U.S. Army Human Resources Command memorandum (ABCMR of Proceedingsfor (Applicant)), 24 May 2022, states the applicant’s DD Form 214 is correct as issued.His DD Form 214 accounted for his prior active service in item 12d (Total Prior ActiveService).

14.The applicant was provided a copy of the U.S. Army Human Resources Commandmemorandum, on 27 May 2022, and given an opportunity to comment and/or submit arebuttal. The applicant responded by providing copies of his DA Form 2-1A (PersonnelQualification Record – Part I), emphasizing his Pay Entry Basic Date and Basic ActiveService Date and DA Form 2-1 (Personnel Qualification Record – Part II), showingentries of his active service in 1973.

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. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence to amend the previous Board’s decision. The applicant is advised his first DD Form 214 accounts for his initial date of entry. 

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 to amend the decision of the ABCMR set forth in Docket Number AR20160006793 on 10 April 2018. 



Microsoft Office Signature Line...
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.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 ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.

2.Army Regulation 635-5 (Separation Documents), 20 August 1973 and in effect at thetime of the applicant's first reenlistment, prescribed the separation documents that arefurnished individuals who are retired, discharged, or released from active military duty.The instructions stated a DD Form 214 would be prepared for each member who, whileserving on active duty, changed status or component and remained on active duty in thenew status (e.g., reenlisted).

3.Army Regulation 635-5 (Separation Documents), 15 August 1979 and in effect at thetime of the applicant's subsequent reenlistments, ended the need to prepare aDD Form 214 for enlisted members who were discharged for immediate reenlistment.

a.Paragraph 1-4 (DD Form 214) stated a DD Form 214 will not be prepared forenlisted members discharged for immediate reenlistment in the Regular Army. 

b.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. 

c.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 (e.g., Immediate Reenlistments This Period: 761210-791001; 791002-821001). 

//NOTHING FOLLOWS//