IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20080019330
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 item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "80 09 05 instead of 80 09 09.
2. The applicant states that he is not eligible for Department of Veterans Administration (VA) health care benefits.
3. The applicant did not provide any additional documentary evidence in support of his request.
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 records show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years under the Delayed Entry Program (DEP) on 31 July 1980. He was subsequently discharged from the DEP on 8 September 1980 and enlisted in the Regular Army for a period of 3 years on 9 September 1980.
3. On 9 September 1980, Armed Forces Examining and Entrance Station (AFEES), Montgomery, AL, published Enlistment/Travel Order Number 183-04, directing the applicant to proceed and report to Fort Jackson, SC, for basic combat training. He subsequently completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).
4. The applicants records further show he was released from active duty under honorable conditions on 9 April 1981. The DD Form 214 he was issued shows he completed 7 months and 1 day of creditable active military service. Item 12a of this form shows the entry "80 09 09."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 12 shows the Record of Service. Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. Item 12a shows 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; item 12b shows the Soldiers transition date; and item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.
DISCUSSION AND CONCLUSIONS:
The evidence of records shows that the applicant enlisted in the USAR under the DEP program on 31 July 1980. He was discharged from the DEP on
8 September 1980 and enlisted in the Regular Army on 9 September 1980. He was subsequently released from active duty on 9 April 1981 and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation. The date of entry shown on his DD Form 214 is correct. Additionally, the ABCMR does not correct records for the expressed purpose of making an individual eligible for VA benefits. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20080019330
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ABCMR Record of Proceedings (cont) AR20080019330
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