IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100017553 


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 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states he:

* entered the Army on 18 February 1975 under the Delayed Entry Program (DEP)
* was sworn in on active duty that day
* was paid for 1 day of active duty
* was then inactive until 2 September 1975

3.  The applicant provides:

* Standard Form 88 (Report of Medical Examination), dated 18 February 1975
* Standard Form 93 (Report of Medical History), dated 18 February 1975
* DD Form 214

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 shows he enlisted in the U.S. Army Reserve (USAR) under the DEP on 18 February 1975.  This enlistment contract shows he was delayed from entering active duty until 2 September 1975.  On 1 September 1975, he was discharged from the DEP and he enlisted in the Regular Army (RA) on 2 September 1975 for a period of 3 years.  He served as a tactical wire operations specialist and was released from active duty on 1 September 1978.

3.  Item 15 (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows the entry "75  09  02" [2 September 1975].  Item 18d (Prior Inactive Service) of this DD Form  214 shows he had 6 months and 14 days of prior inactive service (i.e., his USAR DEP service).

4.  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.  It establishes standardized policy for the preparation of the DD Form  214.  In pertinent part it states that the DD Form  214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

5.  Army Regulation 140-1 (Army Reserve Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR.  It states the USAR Control Group (Delayed Entry) consists of members enlisted under Army Regulation 601-210 (Active and Reserve Components Enlistment Program).  They are in a non-pay status and will not take part in Reserve training.

6.  The DEP is defined as a program where Soldiers are assigned to the USAR Control Group (Delayed Entry) until they enlist in the Regular Army.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends his date of entry on active duty should be 18 February 1975, his enlistment contract shows he enlisted in the USAR under the DEP on 18 February 1975.  Soldiers in the DEP are not on active duty.

2.  The evidence of record shows the applicant enlisted in the RA on 2 September 1975 which is properly shown in item 15 of his DD Form  214.

3.  The applicant's period of prior inactive service from 18 February 1975 to 1 September 1975, a total of 6 months and 14 days, is properly reflected in item 18d 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 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)                                         AR20100017553



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ABCMR Record of Proceedings (cont)                                         AR20100017553



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