IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080018377
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 Item 15 (Date Entered Active Duty This Period) of her DD Form 214 (Report of Separation from Active Duty), dated 15 May 1978, to show she entered active duty on 18 January 1975.
2. The applicant states, in effect, that Item 15 should show she entered active duty on 18 January 1975 and not 19 May 1975. She also states that she was in the Delayed Entry Program (DEP) from 18 January 1975 through 19 May 1975.
3. In support of her application, the applicant provides copies of her DD Forms 214 dated 15 May 1978 and 14 May 1981.
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 military records show that she enlisted in the United States Army Reserve (USAR) Control Group DEP, in pay grade E-1, on 16 January 1975 and was discharged on 18 May 1975 for the purpose of enlisting in the Regular Army, in pay grade E-1, on 19 May 1975, for 3 years.
3. The applicant was honorably discharged on 15 May 1978 for the purpose of immediate reenlistment. She was issued a DD Form 214 that shows in Item
15 she entered on active duty on 19 May 1975. She was credited with 2 years, 11 months, and 27 days of net active service and 4 months and 3 days of prior inactive service.
4. The applicant reenlisted on 16 May 1978 and was honorably discharged from active duty, in pay grade E-5, on 14 May 1981.
5. Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from the active Army. The date the Soldier entered active duty status would be entered in Item 15. Item 18 (Record of Service) would contain all service less any lost time. A DD Form 214 would also be prepared for all personnel of the USAR and the Army National Guard (ARNG) released after completion of 90 days or more of active duty from training or full-time training duty. There are no provisions for preparation of a DD Form 214 for personnel of the USAR upon discharge from the DEP.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to correction of Item 15 of her DD Form 214, dated 15 May 1978. She has not shown error, injustice, or inequity for the relief she now requests.
2. The evidence shows the applicant enlisted in the USAR Control Group DEP on 16 January 1975 and was discharged on 18 May 1975, a period of 4 months and 3 days. She enlisted in the Regular Army and entered on active duty on 19 May 1975 and was discharged from active duty for the purpose of immediate reenlistment on 15 May 1978. Her time in the USAR DEP is properly shown as 4 months and 3 days prior inactive service on her DD Form 214.
3. In accordance with regulatory guidance, Item 15 of the DD Form 214 would list the date the individual entered on active duty and the DD Form 214 would show all time served in the active Army. The applicant did not enlist in the active
Army on 16 (or on 18) January 1975. Her active Army service for the period covered by the DD Form 214 was from 19 May 1975 through 15 May 1978. Therefore, she is not entitled to a correction of her DD Form 214, dated 15 May 1978, to show she entered on active duty on 16 January 1975.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080018377
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