IN THE CASE OF: BOARD DATE: 8 February 2023 DOCKET NUMBER: AR20220007526 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 December 1984 to show he entered active duty on 2 April 1973 instead of 3 January 1975. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * International Certificate of Vaccination card * DD Form 214 for the period ending 28 December 1984 * Department of Veterans Affairs (VA) Rating Decision, 24 March 2022 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 entry date on active duty is incorrect and the correct date should be 2 April 1973. 3. His DD Form 4 (Enlistment Contract – Armed Forces of the United States), 2 April 1973, shows he enlisted in the Regular Army on 2 April 1973 for a period of 2 years. 4. He was honorably discharged on 2 January 1975 for immediate reenlistment in the Regular Army. His DD Form 214 (Report of Separation from Active Duty) covering this period shows he entered active duty on 2 April 1973. He completed 1 year, 9 months, and 1 day of active service during this period. 5. His DD Form 4, 3 January 1975, shows he immediately reenlisted on that date for a period of 6 years in pay grade E-4. 6. He was retired on 28 December 1984 by reason of physical disability – permanent. His DD Form 214 covering this period shows in: * item 12a (Date Entered Active Duty This Period) – 3 January 1975 * item 12b (Separation Date This Period) – 28 December 1984 * item 12c (Net Active Service This Period) – 9 years, 11 months, and 26 days * item 12d (Total Prior Active Service) – 1 year, 9 months, and 1 day (from previous DD Form 214) * item 18 (Remarks) – Immediate Reenlistment This Period: 3 January 1975 – 27 April 1981 7. He provided his International Certificate of Vaccination that shows he received shots during his military service. He also provided a VA Rating Decision that states he served in the Army from 2 April 1973 to 28 December 1984. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's (former service member) record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board recommended the applicant be provided a copy of his DD Form 214 for the period ending 2 January 1975 for his records. Additionally, evidence in the record show the applicant reenlisted while being stationed in Korea, based on this, the Board agreed the applicant met the criteria for the Korea Defense Service Medal. Therefore, the Board granted relief to provide the applicant a copy of his DD Form 214 for the period ending 2 January 1975 and award him the Korea Defense Service Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATIO BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by providing the applicant a copy of his DD Form 214 for the period ending 2 January 1975 and awarding him the Korea Defense Service Medal. 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): N/A 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 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) AR20220007526 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1