IN THE CASE OF:
BOARD DATE: 11 SEPTEMBER 2008
DOCKET NUMBER: AR20080012966
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, that his Delayed Entry/Enlistment Program (DEP) period be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that his service record should reflect 1 year DEP which was required attendance/training. He states that he had to commit to the U.S. Army as well as attend functions, physical training, and every weekend for 52 weeks.
3. The applicant provides a copies of his DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), Standard Form 180 (Request Pertaining to Military Records), and a National Personnel Records Center letter in support of his application.
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 applicants DD Form 4 (Enlistment/Reenlistment Document) shows that he enlisted in the U.S. Army Reserve on 8 August 1990 under the provisions of the DEP for subsequent enlistment in the Regular Army. His DD Form 4 shows that he enlisted in the Regular Army on 23 July 1991 for a period of 4 years and 17 weeks.
3. The applicants DD Form 214 shows that he received an uncharacterized discharge under the provisions of Army Regulation 635-200, paragraph 5-11a, for failure to meet procurement medical fitness standards. His DD Form 214 shows that he served a total of 2 months and 15 days of creditable active military service during this period.
4. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. This regulation provides, in pertinent part, that DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in block 12e (Total Prior Inactive Service) of the DD Form 214. However, DEP time is creditable service for completing the statutory military service obligation and will be entered in block 18 (Remarks) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that his DEP period be added to his DD Form 214 was carefully considered and determined to have merit.
2. The applicants DD Form 4 shows that he enlisted in the U.S. Army Reserve on 8 August 1990 under the provisions of the DEP for subsequent enlistment in the Regular Army on 23 July 1991. Therefore, his DD Form 214 should be corrected to show his period of DEP from 8 August 1990 to 22 July 1991.
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 by amending block 18 (Remarks) of his DD Form 214 to add PERIOD OF DEP 19900808-19910722.
__________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) AR20080012966
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ABCMR Record of Proceedings (cont) AR20080012966
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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