IN THE CASE OF:	  

		BOARD DATE:	  3 March 2009

		DOCKET NUMBER:  AR20080014190 


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 Item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 10 October 1980 be corrected to show he entered active duty in June 1977.

2.  The applicant states, in effect, that he enlisted in the Regular Army and entered active duty in June 1977; however, his DD Form 214 reflects his date of entry as 5 June 1979.  He now requests that his DD Form 214 be corrected to show his date of entry as June 1977 vice 5 June 1979.

3.  The applicant provides no documentation 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 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 record contains a DD Form 4 (Enlistment Record – Armed Forces of the United States) that shows he initially enlisted in the United States Army Reserve (USAR) for 6 years on 18 May 1979 and entered the Delayed Entry Program (DEP) in an inactive status on that date.  The DD Form 4 further shows that, on 4 June 1979, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 5 June 1979 for a period of 3 years and entered active duty on that date. 

3.  The applicant’s record also contains Armed Forces Examining and Entrance Station (AFEES), Knoxville, Tennessee Enlistment/Travel Order Number 113-3, dated 5 June 1979, which assigned the applicant to active duty and authorized his travel to the United States Army Reception Station at Fort Jackson, South Carolina.  

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in Item 35 (Record of Assignments) that he enlisted in the RA and reported to the Reception Station at Fort Jackson on 5 June 1979.

5.  On 10 October 1980, the applicant was separated with a general discharge under honorable conditions.  Item 12a of the DD Form 214 he was issued at the time confirms that he entered active duty on 5 June 1979.  Item 12c (Net Active Service This Period) shows he completed 1 year, 4 months, and 6 days of active military service during the period covered by the DD Form 214.  Item 12e (Prior Inactive Service) shows he completed 18 days of prior inactive service, which accounts for his inactive service in the USAR DEP.  Item 12f (Foreign Service) shows he served overseas for 10 months and 5 days.

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 item-by-item preparation instructions for the DD Form 214.  The instructions for Item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry date in Item 12a of his DD Form 214 issued, on 10 October 1980, should be changed to show he entered active duty in 1977 was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, Item 12a of the DD Form 214 should properly show the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.  The evidence of record confirms the applicant initially enlisted in the USAR DEP on 18 May 1979, and that he was discharged from the DEP and enlisted in the RA and entered active duty on 5 June 1979, as evidenced by the DD Form 4 and active duty orders on file in his record.  Further, Item 35 of his DA Form 2-1 also confirms his RA enlistment date and reporting date to the Reception Station at Fort Jackson was 5 June 1979.  As a result, absent any evidence of record or independent evidence showing that the applicant enlisted in the RA on an earlier date, there is an insufficient evidentiary basis to support granting the requested relief.  

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)                                         AR20080014190



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ABCMR Record of Proceedings (cont)                                         AR20080014190



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