IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007033
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 his Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he entered active duty on 12 April 1975.
2. The applicant states that his date of enlistment is wrong due to a typographical error.
3. The applicant provides copies of Item 35 (Record of Assignments) of his Personnel Qualification Record, Part II [His enlistment date was changed on this copy.]; and a Request Pertaining to Military Records (Standard Form (SF) 180).
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. On 12 October 1976, the applicant signed an Enlistment or Reenlistment Agreement Armed Forces of the United States (DD Form 4). In this form, he stated that he was enlisting on 12 October 1976 for a period of 3 years. He also completed and signed Section VI (Confirmation of Enlistment or Reenlistment) acknowledging his voluntary enlistment on 12 October 1976. This enlistment agreement was witnessed by the enlisting officer at the Armed Forces Examining and Entrance Station, Amarillo, TX.
3. From 22 October 1976 to 26 February 1977, the applicant attended and completed his initial training and was awarded military occupational specialty (MOS) 76D (Material Supplyman).
4. The applicant served in the Federal Republic of Germany from on or about
31 October 1977 to on or about 28 March 1979, and then returned to the United States.
5. On 7 December 1979, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). He had attained the rank of private, pay grade E-2, and had completed 3 years and 11 days of creditable active duty service. He had 46 days lost time due to being absent without leave and confinement. He was retained in the service for 11 days for the convenience of the government.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. Item 12 (Record of Service Date Entered AD [Active Duty] this Period) provides for the date entered on active duty. The source document for this date is the Soldiers DD Form 4.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that the applicant enlisted and entered active duty on 12 October 1976. Furthermore, the applicants DD Form 4 and DD Form 214 are in agreement with regard to his date of enlistment and entry on active duty. Therefore, his request should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080007033
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