IN THE CASE OF: BOARD DATE: 16 November 2010 DOCKET NUMBER: AR20100014253 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 correction of item 12a (Date Entered AD [Active Duty} This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 14 November 1973 instead of 10 February 1976. 2. The applicant states: * He entered active duty on 14 November 1973 * He had to wait until his father signed for him which was 10 days after his 17th birthday 3. The applicant provides no documentary evidence 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 was born on 4 November 1956. His enlistment contract shows he enlisted in the U.S. Army Reserve Delayed Entry Program on 26 January 1976 and in the Regular Army (RA) on 10 February 1976 for a period of 4 years. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows he had been employed in Windfall, IN from August 1974 through September 1974, and in Sheridan, IN from September 1974 through February 1975. It also shows he lived in Kokomo IN from March 1975 through February 1976. He served as a wire systems installer/operator and was honorably released from active duty on 8 February 1980 for completion of required service. 3. Item 12a of the applicant's DD Form 214 shows the entry "76 02 10" [10 February 1976]. 4. There is no evidence of record which shows the applicant enlisted in the RA on 14 November 1973. 5. The applicant's DA Form 4188 (Military Personnel Office/Finance Office Verification of MPRJ [Military Personnel Records Jacket] and PFR [Personnel Finance Record), dated 20 September 1979, shows his BASD [basic active service date] is 10 February 1976. 6. Orders show the applicant received the Good Conduct Medal for the period 10 February 1976 to 9 February 1979. 7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he entered active duty on 14 November 1973. However, there is no evidence of record and the applicant provided no evidence to support this contention. 2. The preponderance of evidence of record shows the applicant enlisted in the Regular Army on 10 February 1976, which is properly reflected in item 12a on his DD Form 214. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214. 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) AR20100014253 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100014253 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1