IN THE CASE OF: BOARD DATE: 14 March 2023 DOCKET NUMBER: AR20220007899 APPLICANT REQUESTS: correction to item 12a (Date Entered Active Duty this Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 17 August 1973 in lieu of 18 May 1976. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 current date reflected in item 12a of his DD Form 214 was his initial reenlistment date, not his initial entry date into the service. If you look at item 12d (Total Prior Active Service) and go backward from that date, that is in initial date of entry into active duty. He initially enlisted in the Army in August 1973 without a break in service. b. Going forward, this incorrect date will impact his disability and any service-related benefits to which he may be entitled. He received his Department of Veterans Affairs (VA) Rating Decision on 5 May 2022, and it incorrectly shows the start date of his service, listing him as a veteran of peacetime. 3. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant initially enlisted in the Regular Army for a period of 3 years on 17 August 1973. 4. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows the following: a. Item 35 (Record of Assignments) reflects the following: * the applicant’s initial enlistment in the Regular Army was on 17 August 1973 * he entered Basic Combat Training (BCT) at Fort Dix, NJ on 23 August 1973 and entered Advanced Individual Training (AIT) at Fort Monmouth, NJ on 2 November 1973 * after completion of BCT and AIT, the applicant’s initial assignment was to the White House Communications Agency, with duty in Thurmont, MD, effective 8 July 1974, where he remained assigned through 5 November 1980 b. Item 5 (Overseas Service) is blank. 5. A second DD Form 4 shows the applicant was honorably discharged from the Regular Army on 17 May 1976 for the purpose of immediate reenlistment in the Regular Army on 18 May 1976, for a period of 4 years. 6. The applicant’s available service records do not contain a DD Form 214 reflective of this period of honorable service in the Regular Army from 17 August 1973 through 17 May 1976. However, it contains a Certification of Military Service, reflecting his honorable service in the Regular Army from 17 August 1973 through 17 May 1976. 7. A third DD Form 4 shows the applicant again reenlisted in the Regular Army for a period of 3 years on 1 May 1980, after having completed a total of 6 years, 8 months, and 14 days of total honorable active service. 8. The applicant’s DD Form 214 shows the following: * he was honorably discharged on 30 June 1983 due to expiration term of service * item 12a shows he entered active duty this period on 18 May 1976 * item 12c (Net active Service this Period) shows 7 years, 1 month, and 13 days * item 12d shows his total prior active service was 2 years, 9 months, and 1 day 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 evidence of record shows the applicant initially enlisted in the Army on 17 August 1973 and he was discharged on 17 May 1976 for immediate reenlistment. He completed 2 years, 9 months, and 1 day of active service. His available service records do not contain a DD Form 214 reflective of this period of honorable service. However, it contains a Certification of Military Service, reflecting his honorable service in the Regular Army from 17 August 1973 through 17 May 1976. He then reenlisted on 18 May 1976. In October 1979, the Army discontinue the issuance of a separate DD Form 214 for each period of enlistment or reenlistment. That is why when he was discharged on 30 April 1980 (to immediately reenlist), he did not receive a DD Form 214. He then reenlisted on 1 May 1980, after having completed a total of 6 years, 8 months, and 14 days of total honorable active service. He was honorably discharged on 30 June 1983. His DD Form 214 credited him with 7 years, 1 month, and 13 days (from 18 May 1976 to 30 June 1983) as well his prior active service of 2 years, 9 months, and 1 day for his first enlistment. 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, 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, prescribes policies and procedures regarding separation documents, including the standardized preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). a. The versions of this regulation dated prior to 15 August 1979, required the issuance of a DD Form 214 for enlisted Soldiers at the time of their discharge for the purpose of immediate reenlistment. The version of this regulation dated 15 August 1979 (and carried forward in all subsequent versions) ended the need to prepare a DD Form 214 for Soldiers discharged for immediate reenlistment. b. The specific guidance for preparation of the numbered items on the DD Form 214 shows the following: * item 12a (Date Entered Active Duty This Period) enter the beginning date of the enlistment period or tour of duty for which a DD Form 214 was not issued * item 12b (Separation Date This Period) enter the separation date this period. Separation date may not be the contractual date if extended for makeup of lost time or Soldier has been held over for the convenience of the Government. * item 12c (Net Active Service This Period) enter amount of service this period by subtracting 12a from 12b (Separation Date this Period) * item 12d (Total Prior Active Service) enter the total amount of prior active military service less any lost time * item 12e (Total Prior Inactive Service) enter the total amount of prior inactive service, less lost time * item 12f (Foreign Service) enter total amount of foreign service completed during the period covered //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007899 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1