RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070004281 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. Phillips

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to change the date of entry on active duty from 28 June 1978 to 3 December 1975.

2.  The applicant states, in effect, that the error affects his total time on active duty. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 May 1995, the date of his retirement.  The application submitted in this case is dated 1 March 2007.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show that he enlisted in the United States Army Reserve (USAR) on 25 November 1975 for a period of 6 years.  

4.  Armed Forces Examination and Entrance Station (AFEES) Buffalo, New York, Active Duty Orders Number 233-10, dated 25 November 1975, show that the applicant, having enlisted on this date in the USAR under the authority of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), was assigned to inactive duty, ordered to proceed to home address, and return to the AFEES on 3 December 1975 for the purpose of discharge from the USAR and enlistment in the Regular Army.

5.  AFEES Buffalo, New York, Enlistment/Travel Orders Number 238-10, dated 3 December 1975, show that the applicant was discharged from the USAR on 2 December 1975 in accordance with Army Regulation 135-178 (Enlisted 
Administrative Separations), dated 8 October 1975.  The orders further show that the applicant enlisted on 3 December 1975 in the Regular Army under the authority of Army Regulation 601-210.  

6.  On 28 June 1978, the applicant reenlisted in the Army, for the first time, for a period of 4 years. Item 9 (Previous Military Service) of the DD Form 4 dated 28 June 1978 shows that the applicant had 2 years, 6 months, and 25 days of total active military service as of the date of this reenlistment.  

7.  On 30 March 1982, the applicant reenlisted in the Army, for the second time, for a period of 6 years.  Item 9 of the DD Form 4 dated 30 March 1982 shows that the applicant had 6 years, 3 months, and 27 days of total active military service as of the date of this reenlistment.

8.  On 6 November 1987, the applicant reenlisted in the Army, for the third time, for a period of 6 years.  Item 7 (Previous Military Service Upon Enlistment and/or Reenlistment) of the DD Form 4 dated 6 November 1987 shows that the applicant had 11years, 11 months, and 3 days of total active military service as of the date of this reenlistment.

9.  On 28 July 1993, the applicant reenlisted in the Army, for the fourth time, for a period of 2 years.  Item 7 of the DD Form 4 dated 28 July 1993 shows that the applicant had 17 years, 7 months, and 25 days of total active military service as of the date of this reenlistment.

10.  On 27 June 1994, the applicant extended his 2 year enlistment of the 28 July 1993 to a period of 2 years, 1 month, and 4 days for the purpose of attaining retirement eligibility.  His new expiration of term service (ETS) was established as 31 August 1995.

11.  Headquarters, United States Army Armor Center and Fort Knox, Fort Knox, Kentucky, Permanent Orders Number 013-00253, dated 13 January 1995, show that the applicant was released from active duty on 31 May 1995 and placed on the retirement list effective 1 June 1995 by reason of voluntary early retirement.  The orders further show that the applicant had completed 19 years, 5 months, and 28 days for service credit and 19 years, 6 months, and 6 days for retirement pay.

12.  Section IV (Service data) of the applicant's DA Form 2A (Personnel Qualification Records) shows the applicant's Basic Active Service Date (BASD) as 25 November 1975.

13.  Item 35 (Current and Previous Assignments) of the applicant's DA Form      2-1 (Personnel Qualification Record) shows that the applicant was in the Delayed 
Entry Program (DEP) for 8 days during the period 25 November 1975 through 2 December 1975.  It further shows that the applicant enlisted on 3 December 1975.

14.  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.  It states, in pertinent parts, that extreme care is taken when completing the record of service block of the DD Form 214 since post-service benefits, final pay, retirement credit, and so forth are based on this information.  

	a.  The date entered on active duty this period:  The beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.

	b.  Separation date:  The Soldier's transition date.

	c.  Net active service this period:  Amount of service this period computed by subtracting the date entered on active duty from the separation date.  Lost time and non-creditable service is deducted.

	d.  Total prior active service:  From previously issued DD Form 214 of prior active military service less lost time.

	e.  Total prior inactive service:  From previously issued DD Form 214 or the enlisted record brief (ERB) (previously know as the DA Forms 2A and 2-1). 

15.  Army Regulation 635-5 states, in pertinent parts, that corrections are not permitted in item 12 of the DD Form 214 and that once a DD Form 214 is issued, it is not normally reissued except in certain situations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the date of entry on active duty shown on his DD Form 214 is incorrect.



2.  Although there is sufficient evidence to show that the applicant entered on active duty on 3 December 1975 vice 28 June 1978 as recorded on the DD Form 214, the applicant's total active service is correct and the applicant's DD Form 214 correctly and accurately reflects his total active service.

3.  The record of service on the applicant's DD Form 214 shows that the applicant had 16 years, 11 months, and 3 days of net active service this period as well as 2 years, 6 months, and 25 days of total prior active service.  When added together, the total net active service equate to 19 years, 5 months, and 28 days.  Therefore, there is no further action required.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 May 1998.  The applicant did not file within the 3-year statute of limitations, however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jcr___  __rmn___  __djp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.



							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004281
SUFFIX

RECON

DATE BOARDED
20070809
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0200
2.

3.

4.

5.

6.