IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080008505
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 that item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 October 1982 be corrected.
2. The applicant states that he entered active duty in October 1976.
3. The applicant provides a copy of his DD Form 214 for the period ending
29 October 1982.
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. The applicant's enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry Program (DEP) on 7 January 1977 for a period of 6 years. He was discharged from the DEP on 8 March 1977 and enlisted in the Regular Army (RA) on 9 March 1977 for a period of 4 years. He was honorably discharged on 29 April 1979 for immediate reenlistment.
3. The applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 29 April 1979 shows he entered active duty on 9 March 1977. This DD Form 214 also shows that he served 2 months and 3 days of prior inactive service (i.e., his USAR service).
4. The applicant reenlisted on 30 April 1979 for a period of 3 years. He extended his enlistment on 1 August 1979 for a period of 6 months. On 30 April 1979, he was honorably discharged.
5. Item 12a on the applicant's DD Form 214 for the period ending 29 October 1982 shows he entered active duty on 30 April 1979. Item 12e (Total Prior Inactive Service) on this DD Form 214 shows he served 2 months and 3 days (i.e., his USAR service).
6. There is no evidence of record which shows the applicant entered active duty in October 1976.
7. Army Regulation 635-5 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 Soldiers 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. For item 12a it states to enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Although the applicant contends that he entered active duty in October 1976, there is no evidence of record, and the applicant provided no evidence, to support this contention. His enlistment contract shows that he enlisted in the USAR DEP on 7 January 1977, he was discharged from the DEP on 8 March
1977, and he enlisted in the RA on 9 March 1977. His records further show that he was discharged on 29 April 1979 for the purpose of immediate reenlistment. Therefore, his DD Form 214 for the period ending 29 April 1979 is correct as constituted.
3. The applicant subsequently reenlisted on 30 April 1979 for a period of three years. He was honorably discharged on 29 October 1982 by reason of completion of required service. The DD Form 214 he was issued on 29 October 1982 for this period of service properly shows in item 12a the entry 30 April 1979. Therefore, this DD Form 214 for the period ending 29 October 1982 is also correct as constituted.
4. Additionally, item 12e on the applicant's DD Form 214 for the period ending 29 October 1982 properly reflects his earlier service in the USAR (i.e. 2 months and 3 days). Therefore, there is no basis for granting the applicants request to amend item 12a on his DD Form 214 for the period ending 29 October 1982.
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.
__________xxx____________
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) AR20080008505
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ABCMR Record of Proceedings (cont) AR20080008505
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