IN THE CASE OF: BOARD DATE: 30 September 2022 DOCKET NUMBER: AR20220003840 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of entry as 13 January 1976 vice 8 August 1978. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 initial entry date on his DD Form 214 is in error. He enlisted in January of 1976. His first reenlistment was in 1978. He requested a copy of his DD Form 214 and one of the security questions asked was his enlistment date. He gave January 1976 and was told it did not match what was on record. 3. Review of the applicant's service records shows: a. The applicant enlisted in the Regular Army for 13 January 1976. b. He was honorably discharged on 7 August 1978 for the purpose of immediate reenlistment in the RA. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that credited him with 2 years, 6 months, and 25 days of active service. However, this DD Form 214 is not available for review. c. He reenlisted in the RA for 4 years on 8 August 1978. He followed that with a series of immediate reenlistment on 18 February 1982, 25 November 1987, and 9 October 1990. d. He was honorably retired from active duty on 29 February 1996 and placed on the retired list on 1 March 1996. He completed 17 years, 6 months, and 23 days of active service during this period and 2 years, 6 months, and 25 days of prior active service, for a total of 20 years, 1 month, and 15 days of active service. The DD Form 214 he was issued at retirement shows in: * Item 12a (Date Entered Active Duty (AD) This Period), 1978-08-08 * Item 12b (Separation Date This Period), 1996-02-29 * Item 12c (Net Active Service This Period), 17-6-23 * Item 12d (Total Prior Active Service), 02-06-25 4. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. It states for: * Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter the total amount of prior active military service less time lost 5. Army Regulation 635-5, effective 1 October 1979, was revised. Paragraph 1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant served on active duty from 13 January 1976 to 7 August 1978. He was presumably issued a DD Form 214 that credited him with 2 years, 6 months, and 25 days of active service, His DD Form 214 is not available for review. He reenlisted on 8 August 1978 and ultimately retired on 29 February 1996 and placed on the retired list on 1 March 1996. He completed 17 years, 6 months, and 23 days of active service during this period. His retirement DD Form 214 also credited him with 2 years, 6 months, and 25 days of prior active service, for a total of 20 years, 1 month, and 15 days of active service. The Board found no error in the processing of his DD Form 214. The Board also determined that to satisfy his request to document his first enlistment, and as a matter of equity only, a Statement of Service may be issued to capture his active service from 13 January 1976 to 7 August 1978. 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 issuing the applicant a Statement of Service for his honorable service from 13 January 1976 to 7 August 1978. 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 amending the entry date sown on his 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, United States 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon 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. 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 information entered thereon reflects the conditions as they existed at the time of separation. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for: * Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter the total amount of prior active military service less time lost, if any 3. Army Regulation 635-5, effective 1 October 1979, was revised. Paragraph 1-4b(5) stated the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003840 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1