IN THE CASE OF:	  

		BOARD DATE: 	        16 June 2009

		DOCKET NUMBER:  AR20090003944 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) be corrected to show 19 June 1974.

2.  The applicant states that he entered the military on 19 June 1974 not on 24 August 1975.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's enlistment contract, dated 20 June 1975, shows he enlisted in the Regular Army on 20 June 1975 for a period of 3 years.  His enlistment contract also shows the entry "NA" [not applicable] in item 49 (Prior Service).  On 24 August 1976, he was discharged under honorable conditions (a general discharge).

3.  Item 15 of the applicant's DD Form 214 shows the entry "75 06 20" [20 June 1975].  Item 18b (Prior Active Service) of his DD Form 214 does not show he had any prior active service.

4.  There is no evidence of record which shows the applicant enlisted in the Army on 19 June 1974.

5.  Item 9d (Effective Date) of the applicant's DD Form 214 shows the entry "76 08 24" [24 August 1976] as the effective date of his separation.

DISCUSSION AND CONCLUSIONS:

Although the applicant contends that he entered the military on 19 June 1974, his enlistment contract shows he enlisted in the Regular Army on 20  June 1975 which is properly reflected in item 15 of his DD Form 214.  In addition, there is no prior active service shown on his DD Form 214.  Therefore, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _ X  _______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090003944



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ABCMR Record of Proceedings (cont)                                         AR20090003944



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