RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 MAY 2008
DOCKET NUMBER: AR20070015368
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
Ms. Loretta D. Gulley
Analyst
The following members, a quorum, were present:
Ms. Susan A. Powers
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. Scott W. Faught
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, in effect, that the date he entered active duty (AD) shown on his DD Form 214 (Certificate of Release of Release or Discharge from Active Duty) be changed to reflect the effective date of his active duty.
2. The applicant states, in effect, that the orders assigning him to active duty with a report date of 24 July 1971 reflect the correct effective date of active duty of 21 July 1971.
3. The applicant provides a copy of his DD Form 214, with an effective date of
30 June 1992 and a copy of Letter Orders Number A-07-110, Subject: Active Duty, dated 13 July 1971.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Letters Order Number A-07100, Headquarters, Fifth United States Army, Fort Sam Houston, Texas, dated 13 July 1971, show that the applicant was ordered to active duty as a reserve officer of the Regular Army with an effective active duty date of 21 July 1971 and with a report date of 24 July 1971.
3. Item 12a (Date Entered AD This Period) of the applicants DD Form 214 shows that he entered active duty on 21 August 1971 and Item 12c (Separation Date This Period) shows that he retired from active duty on 30 June 1992. He was credited with 20 years, 11 months, and 10 days of active duty service.
4. Item 3 (BASD (basic active service date)) of the applicants Personnel Qualification Record (PQR), dated 1 May 1985, shows that the applicants BASD was 21 July 1971.
5. Section III (Service Data) of the applicants Officer Record Brief (ORB) dated 10 May 1991, shows 21 July 1971 as his EAD (entered active duty) date.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter
2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation or order, or any other document authorized for filing in the Official Military Personnel File (OMPF).
7. Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214. The instructions for Item 12 (Record of Service) specify, in pertinent part, for Block a (Date Entered AD This Period) enter the beginning date of the continuous period of AD for issuance of this DD Form 214.
8. Department of the Army Pamphlet 640-1 Officers Guide to the Officer Record Brief) states, in pertinent part, that the EAD current tour is the year, month, and date an officer enters active duty based on the computation of travel in accordance with the Joint Travel Regulations of component if other than Regular Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that the date he entered active duty on his DD Form 214 is incorrect and should be corrected to show the effective date of his entrance on active duty was found to have merit.
2. Evidence of record shows that the applicant was ordered to active duty as a reserve officer with 21 July 1971 as his effective date of active duty. Evidence of record shows that the applicant entered active duty on 21 July 1971. Therefore, the applicants record should be corrected to show 21 July 1971 as the effective date that he entered active duty.
BOARD VOTE:
____x____ ___x____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show the following in Item 12a (Date Entered AD This Period) of the applicant's DD Form 214, with an effective date of 30 June 1992, by:
a. deleting the date "1971 08 21"; and
b. adding the date "1971 07 21."
_______x____________
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