IN THE CASE OF:	

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090017503 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the date he entered on active duty as 18 August 1971 or 30 October 1971.

2.  The applicant states the claimant authorization form he received from the Social Security Administration (SSA) shows the date he entered active duty as 18 August 1971 and the letter he received from the Veterans Administration (VA) shows his date of entry on active duty as 30 October 1971.

3.  The applicant provides:

* DD Form 214, dated 2 April 1976
* SSA claimant authorization form, dated 1 February 2008
* VA letter, undated

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 DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he enlisted in the Regular Army on 30 October 1975 for 3 years in the pay grade of E-1.

3.  He completed training as a track vehicle mechanic and he was advanced to the pay grade of E-2 on 29 February 1976.

4.  The applicant was honorably discharged on 2 April 1976.  The DD Form 214 shows:

* the date he entered active duty as 30 October 1975
* he was discharged under the provisions of Army Regulation 635-200, paragraph 5-39, under the Trainee Discharge Program
* he completed 5 months and 3 days of total active service
* he had no prior active service
* he had no prior inactive service

5.  A review of the applicant's official military personnel file (OMPF) reveals only the service reflected on his DD Form 214.  It contains no evidence of prior service.

6.  He submits a Claimant Authorization form from the SSA, dated 1 February 2008, which shows his dates of service in the Army were from 18 August 1971 through 2 April 1976.

7.  The undated letter that he submits from the VA shows his dates of service in the Army were from 30 October 1971 through 2 April 1976.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 properly reflects the date he entered active duty as 30 October 1975.

2.  How the SSA and the VA determined the date of his entry on active duty is unknown.  However, his DD Form 4 shows he enlisted in the Army on 30 October 1975 and his OMPF contains no evidence of prior service.

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)                                         AR20090017503



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ABCMR Record of Proceedings (cont)                                         AR20090017503



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