IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220007185 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 February 1984 to show a date of entry on active duty of 16 August 1978 * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period 18 February 1981 to 17 February 1984 * DD Form 1966 (Application for Enlistment – Armed Forces of the United States), 15 August 1978 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), 18 February 1981 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: a. The DD Form 214 he received upon his discharge from active duty on 21 February 1984 was calculated incorrectly. His initial three-year enlistment began on 15 August 1978 with enlistment date into the Delayed Entry Program of 24 July 1978. He reenlisted for an additional three years on 18 February 1981 with no break in service. The DD Form 214 he received shows his initial enlistment as a period of prior active service, implying that there was a break in service when in fact there was no break in service, instead, only one continuous service period from 1978 to 1984. b. The Department of Veterans Affairs, after reviewing his DD Form 214, did not allow him to file a claim for a neck injury he incurred while deployed on a North Atlantic Treaty Organization joint service exercise in September 1980, which was incurred during his initial three-year enlistment and prior to his reenlistment in February 1981. 3. The applicant's records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 24 July 1978. He was discharged from the DEP and enlisted in the Regular Army on 16 August 1978. 4. The applicant's records further show he reenlisted in the Regular Army on 18 February 1981 (immediate reenlistment) for a period of three years. His DD Form 4 for this reenlistment shows in item 9 (Previous Military Service Upon Enlistment/Reenlistment) 2 years, 6 months, and 2 days of prior active service. 5. A DD Form 214 for the applicant's active service from 16 August 1978 to 17 February 1981 (2 years, 6 months, and 2 days) was not found in his available records. 6. The applicant was released from active duty and transferred to the USAR on 17 February 1984. The DD Form 214 he was issued shows in: * item 12c (Net Active Service This Period), the entry: "03 00 00" * item 12d (Total Prior Active Service), the entry: "02 06 02" * item 18 (Remarks), the entry: "Immediate Reenlistment for this period: 780816- 810217" 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 served on active duty from 16 August 1978 to 17 May 1978, completing 2 years, 6 months, and 2 days of active service. He was not issued a DD Form 214 for this period because in October 1979, the Army discontinued the issuance of a separate DD Form 214 for each period of enlistment or reenlistment. He then reenlisted and served on active duty from 18 February 1981 to 17 February 1984, completing 3 years of active service. His DD Form 214 correctly credited him with 2 years, 6 months, and 2 days of prior active service, and 3 years for his current enlistment. It also listed his immediate reenlistment in the Remarks block. Based on regulatory guidance in effect then, the Board determined there is neither an error nor an 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, 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), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation dated 15 August 1979 ended the need to prepare a DD Form 214 for enlisted members who were discharged for the purpose of immediate reenlistment. 3. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record. Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007185 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1