IN THE CASE OF: BOARD DATE: 13 July 2022 DOCKET NUMBER: AR20220000650 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1992 to show the date he entered active duty as 10 September 1971. 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) * DD Form 214 * Certificate of Retirement, 1 February 1992 * Department of Veterans Affairs (VA) letter, 10 February 2021 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 the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his entire period of active military service is not shown on his retirement DD Form 214. He enlisted in the Army and entered active duty on or about 10 September 1971. 3. The applicant's DD Form 4 (Enlistment Contract – Armed Forces of the United States), 10 September 1971, shows he enlisted in the Regular Army on 10 September 1971 for a period of 3 years. 4. He was honorably discharged on 28 December 1975 for immediate reenlistment. His DD Form 214 for this period shows he completed 4 years and 4 months (should read 4 years, 3 months, and 19 days) of total active service during this period. 5. His DD Form 4, 29 December 1975, shows he reenlisted on 29 December 1975 for a period of 3 years. 6. He was honorably discharged on 27 July 1978 for immediate reenlistment in the Regular Army. His DD Form 214 for this period shows in: * item 9d (Effective Date) – 27 July 1978 * item 15 (Date Entered Active Duty This Period) – 29 December 1975 * item 18a (Net Active Service This Period) – 2 years, 6 months, and 28 days * item 18b (Prior Active Service) – 4 years, 3 months, and 19 days (carried forward from previous DD Form 214) * item 18c (Total Active Service) – 6 years, 10 months, and 17 days * item 18e (Total Service for Pay) – 6 years, 10 months, and 17 days 7. His DD Form 4, 28 July 1978, shows he reenlisted on 28 July 1978 for a period of 6 years. 8. Headquarters, XVIII Airborne Corps and Fort Bragg, Orders 260-205, 17 September 1991, retired him and placed him on the Retired List in the rank/grade of sergeant first class/E-7 effective 31 January 1992. 9. He retired on 31 January 1992. His DD Form 214 for this period shows in: * item 12a (Date Entered Active Duty This Period) – 28 July 1978 * item 12b (Separation Date This Period) – 31 January 1992 * item 12c (Net Active Service This Period) – 13 years, 6 months, and 3 days * item 12d (Total Prior Active Service) – 6 years, 10 months, and 18 days (carried forward from previous DD Forms 214) * item 18 (Remarks) – Immediate Reenlistment This Period – 28 July 1978 through 27 October 1987 10. He provided his Certificate of Retirement and a VA letter summarizing his VA benefits. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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. The governing regulation provides that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The Board determined the applicant’s prior active service was accurately captured on the second DD Form 214 in Block 12d; therefore, the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): Copies of the applicant's DD Forms 214 covering the periods 10 September 1971 through 28 December 1975 and 29 December 1975 through 27 July 1978 will be provided for his records. ? 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 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. 3. Army Regulation 635-5 (Separation Documents), effective 15 March 1978, 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. 4. 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// ABCMR Record of Proceedings (cont) AR20220000650 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1