IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070017110 


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 the service dates shown on his discharge document.

2.  The applicant states, in effect, he requested a copy of his discharge document in November 2006 and when he received it, he noticed that the service dates on the document were wrong.  The applicant states that he served in the U.S. Army from 3 May 1983 to 2 May 1984.

3.  The applicant provides a copy of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 1 May 1987.

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 military service records are absent a copy of his DD Form 4 (Enlistment Record).  However, there are sufficient documents in his military service records for the Board to conduct a fair and impartial review of this case.

3.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 35 (Record of Assignments) shows, in pertinent part, that the applicant served in the U.S. Army Reserve (USAR) from 22 June 1984 through 1 July 1984 with no active duty service.  This item also shows that the applicant enlisted and entered active duty in the Regular Army (RA), effective
2 July 1984, and was processed at the U.S. Army Reception Station, Fort Leonard Wood, Missouri.  Item 35 further shows, in pertinent part, that the applicant was released from active duty (REFRAD) on 1 May 1987 and transferred to the USAR, Control Group (Reinforcement), St. Louis, Missouri.

4.  The applicant's military service records contain a DD Form 214, with an effective date of 1 May 1987.  Item 12 (Record of Service), block a (Date Entered Active Duty This Period) shows he entered active duty on 2 July 1984; block b (Separation Date This Period) shows he was separated on 1 May 1987; block c (Net Active Service This Period) shows he completed 2 years and 10 months net active service; block e (Total Prior Inactive Service) shows he had completed 10 days prior inactive service; and block i (Reserve Obligation Terminal Date) shows his Reserve military service obligation terminated on 21 June 1992.  Item 18 (Remarks) shows, in pertinent part, the entry “Item 12e:  Delayed entry program (DEP):  840622-840701” (i.e., 22 June 1984 through 1 July 1984).  This document also shows the applicant was honorably REFRAD, per Army Regulation 635-200, paragraph 16-8, and Headquarters, Department of the Army, DAPE-MPS, message, date-time-group 071150Z January 1987, subject:  Reduction in Authorized Strength - Fiscal Year 1987 Early Transition Program.  This document further shows that the applicant placed his signature in Item 21 (Signature of Member Being Separated), indicating he had reviewed the form and acknowledged the information contained therein as being correct to the best of his knowledge.

5.  The applicant's military service records contain a copy of Headquarters,
546th Personnel Service Company, Fort Hood, Texas, Orders 84-2, dated 1 May 1987, which show, in pertinent part, that the applicant was honorably REFRAD on 1 May 1987 and transferred to the USAR Control Group (Reinforcement), Army Reserve Personnel Center, St. Louis, Missouri, with a terminal date of Reserve obligation ending on 21 June 1992.


6.  Army Regulation 635-5 (Personnel Separations - 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 Personnel Qualification Record (PQR), Enlisted Record Brief (ERB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

7.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  It also instructs for block a (Date Entered Active Duty (AD) This Period) to enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued; block b (Separation Date This Period) enter the separation date this period.  (Separation date may not be the contractual date if extended for make-up of lost time or Soldier has been held over for the convenience of the Government); block c (Net Active Service This Period) enter the amount of service this period (subtract 12a from 12b).  Lost time under Title 10, United States Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted; block d (Total Prior Active Service) enter the total amount of prior active military service less lost time, if any.  If there was no prior active service, enter “00  00  00”; and block e (Total Prior Inactive Service) states to enter the total amount of prior inactive service, less lost time, if any.  Delayed Entry Program (DEP) time which begins on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block, but it is creditable service towards the fulfillment of the statutory military service obligation (MSO) date in Item 6.  The instructions for Item 12, block i (Reserve Obligation Termination Date) state to enter the termination date of the member’s Reserve military service obligation.  The instructions for Item 18 (Remarks) state to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the service dates shown on his discharge document should be corrected because he served in the U.S. Army from 3 May 1983 to 2 May 1984.  However, the applicant provides insufficient evidence in support of his claim.

2.  The evidence of record shows that the applicant enlisted and served in the USAR from 22 June 1984 through 1 July 1984; that he enlisted in the RA and served on active duty from 2 July 1984 through 1 May 1987; and was assigned to the USAR Control Group (Reinforcement) from 2 May 1987 to 21 June 1992.  In addition, the evidence of record shows the applicant indicated with his signature that he had reviewed his DD Form 214 and accepted the information contained therein as being correct to the best of his knowledge. There is no evidence of record, and the applicant provides insufficient documentary evidence, to show that he served in the U.S. Army during the period 3 May 1983 to 2 May 1984.  Therefore, in view of all of the foregoing and in the absence of evidence to the contrary, the applicant is not entitled to correction of his discharge document.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20070017110



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ABCMR Record of Proceedings (cont)                                         AR20070017110



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