IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220006588 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 29 August 1989 to show his correct military service dates. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number D152-10, 8 August 1989 * DD Form 214, ending on 29 August 1989 * Department of Veterans Affairs (VA) Rating Decision, 23 September 1989 * Memorandum – Subject: Transmittal of Separation Documents, 4 January 1994 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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 dates in the military should be from 31 December 1976 to 4 January 1994. He served in the Army from 31 December 1976 to 29 August 1989 and was placed on the Temporary Disability Retired List (TDRL) for 5 years. He was permanently retired on 4 January 1994. The dates and time of service need to be corrected. 3. A review of the applicant's official military records show the following: a. On 31 December 1976, DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP). He was discharged from the DEP on 10 January 1977 for enlistment in the Regular Army. b. On 11 January 1977, he enlisted in the Regular Army for 3 years. He was discharged on 23 July 1979 for immediate reenlistment. He completed 2 years, 6 months, and 14 days of active duty. c. He immediately reenlisted on 24 July 1979 for 4 years and 10 May 1983 for 3 years, extended on 6 November 1985, for 6 months, and again immediately reenlisted on 4 September 1986, for 3 years. d. Orders Number D152-10 issued by the U.S. Army Total Army Personnel Command (PERSCOM), Alexandria, VA, retired him by reason of temporary physical disability, effective 29 August 1989, and placed him on the TDRL in the rank/grade of staff sergeant/E-6, effective 30 August 1989. e. On 29 August 1989, DD Form 214 shows he retired under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24e(2), by reason of "Physical disability – temporary". In pertinent part, his DD Form 214 also shows in: * item 12a (Date Entered Active Duty This Period) – 24 July 1979 * item 12b (Separation Date This Period) – 29 August 1989 * item 12c (Net Active Service This Period) – 9 years, 13 months, 6 days * item 12d (Total Prior Active Service) – 2 years, 6 months, 14 days * item 12e (Total Prior Inactive Service) – 11 months * item 18 (Remarks) – "Immediate reenlistment this period: 790724-830510; 830510-860903" f. Orders Number D2-3 issued by PERSCOM, Alexandria, VA, removed the applicant from the TDRL and retired him by reason of permanent physical disability, effective 4 January 1994. 4. The applicant provides: a. VA Rating Decision dated 23 September 1989, showing his 10-percent service- connected disability rating for epilepsy. b. A memorandum from PERSCOM, Subject: Transmittal of Separation Documents, dated 4 January 1994, stating in pertinent part, documents were enclosed pertaining to his removal from the TDRL. 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. The applicant initially enlisted in the DEP on 31 December 1976. DEP time is not active duty time. Likewise, time on the TDRL is not active duty time. He enlisted in the Regular Army on 11 January 1977 and was honorably discharged on 23 July 1979 for immediate reenlistment. He completed 2 years, 6 months, and 14 days of active duty. During that time frame, the Army began discontinuing the issuance of separate DD Form 214 for each period of enlistment or immediate reenlistment. He then reenlisted on 24 July 1979 and served continuously through 29 August 1989. His DD Form 214 captured his continuous active service from 24 July 1979 to 29 August 1989 of 9 years, 13 months, 6 days, as well as his prior active service of 2 years, 6 months, 14 days. The Board determined there is no error or injustice. 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, USC, 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. AR 635-5 (Separation Documents), effective 15 March 1978 and in effect at the time of the applicant's first reenlistment, prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service. 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). 3. AR 635-5, 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 members being removed from the TDRL and enlisted 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 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) AR20220006588 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1