IN THE CASE OF: 

		BOARD DATE: 3 August 2023

		DOCKET NUMBER: AR20230000957


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty), item 12a (Date entered AD (active duty) This 
Period), to show a date in April 1976 vice 24 August 1979.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Human Resources Command letter, 24 August 2022
*	DD Form 214
*	DD Form 215 (handwritten)
*	Personnel Qualification Record, Part I
*	DA Form 2-1 (Personnel Qualification Record, Part II)


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 he entered AD April 1976. It seems that he had a break in 
service and that is wrong. His time in service is incorrect. He believes it effects his 
benefits.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 19 December 1975 for a 
period of six years. On 3 February 1976, he was discharged from the USAR for 
enlistment in the Regular Army on 4 February 1976 for a period of four years.

4.  He was honorably discharged on 23 August 1979. His DD Form 214 shows he 
completed 3 years, 6 months, and 20 days net active service this period.

5.  On 24 August 1979, he reenlisted in the Regular Army for a period of three years.

6.  He had several periods of reenlistment throughout his career. On 28 February 1999, 
he was honorably retired for sufficient service for retirement. His DD Form 214 shows:

*	Item 12a (Date entered AD This Period): 1979|08|24 (24 August 1979)
*	Item 12c (Net Active Service This Period): 19 years|6 months|7 days
*	Item 12d (Total Prior Active Service): 23 years|00 months|27 days

7.  He was later issued a DD Form 215 (Corrections to DD Form 214) to correct item 
12d to reflect 3 years|6 months|20 days.

8.  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. On 1 October 1979, the Army no 
longer issued a separate DD Form 214 for each period of immediate reenlistment.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted. The applicant s 
contentions, the military record, and regulatory guidance were carefully considered.

2.  The Board noted that at the time the applicant was discharged for immediate 
reenlistment in 1979, policy required the issuance of a DD Form 214 based on the 
discharge for immediate reenlistment. After 1979, this policy was no longer in place. 
The Board found no evidence of error, noting that the applicant s complete period of 
active duty service is documented by two DD Forms 214, the one he was issued in 
1979 when he reenlisted and the one he was issued upon retirement in 1999. The 
Board determined the entry date shown on his final DD Form 214 is correct and should 
not be changed.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:xx	:xx	:xx	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), 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. On 1 October 
1979, the Army no longer issued a separate DD Form 214 for each period of immediate 
reenlistment.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000957


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1