IN THE CASE OF:	  

		BOARD DATE:	  April 14, 2009

		DOCKET NUMBER:  AR20080019662 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his period of service in the Delayed Entry Program (DEP). 

2.  The applicant states that his DD Form 214 does not list his DEP service.  

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 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 records show he enlisted in the Missouri Army National Guard (MOARNG) on or about 12 May 1979.  He subsequently entered initial active duty for training (IADT) on 22 July 1979, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 63G (Fuel and Electric System Repairer).  He was honorably released from IADT to the control of his ARNG unit on 21 December 1979.  The DD Form 214 he was issued for his period of IADT shows he completed 5 months of creditable active service and 2 months and 10 days of inactive service.

3.  The applicant’s records show he returned to his MOARNG unit on 22 December 1979 and served until discharged on 8 June 1980.  His inactive duty time consisted of 2 months and 10 days prior to his period of IADT and 5 months and 17 days subsequent to his period of IADT, for a total inactive service of 7 months and 27 days.

4.  The applicant’s records also show he enlisted in the U.S. Army Reserve under the DEP for a period of 6 years on 9 June 1980.  Item 10b (Remarks) of his DD Form 4 (Enlistment/Reenlistment Document) shows the entry "I understand my period in the DEP is creditable for pay purposes upon enlistment on active duty.  I also understand that this time is not credited towards fulfillment of my military service obligation or component."  He authenticated this form by placing his signature in the appropriate block.  

5.  The applicant’s records further show he remained in the DEP for a period of 3 months and 14 days until he was discharged from the DEP on 22 September 1980.  He subsequently enlisted in the Regular Army for a period of 4 years on 23 September 1980.  He completed assignments at Fort Polk, LA, and Germany, and was discharged on 21 May 1982.

6.  The applicant’s RA DD Form 214 shows he completed 1 year, 7 months, and 29 days of creditable active service during this period.  Furthermore, this form shows he completed 5 months of prior active service and 1 year, 2 months, and 25 days of prior inactive service.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his/her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 12c state to enter the amount of active duty service 
completed during the period covered by the DD Form 214.  The instructions for Item 12e states to enter the total amount of prior active military service as documented on previously issued DD Forms 214, and the instructions for Item 12e states to enter the total amount of prior inactive service less lost time, if any. 

8.  The current version of Army Regulation 635-5 states DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory mandatory service obligation, and will be entered in block 18 (Remarks).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his period of service in the DEP.  Since inactive service is already shown on his DD Form 214 in item 12e, the Board presumes the applicant also wants it reflected in item 18.

2.  The applicant served two periods of active duty service.  During his service in the MOARNG, he completed 5 months of IADT.  During his RA service, he completed 1 year, 7 months, and 29 days of active duty service.  Both of these periods are properly documented on his RA DD Form 214, dated 21 May 1982.

3.  The available evidence also shows the applicant completed a total of 7 months and 28 days of inactive service during his service in the MOARNG and    3 months and 14 days of inactive service in the DEP during his USAR enlistment which equals a total of 11 months and 12 days of inactive service.  

4.  It appears the applicant's DEP service was counted twice on his DD Form 214, issued on 21 May 1982 which incorrectly shows he completed 1 year, 
2 months, and 25 days of inactive service.  Nevertheless, prior to 1985, there was a requirement to enter periods of inactive service in item 12e of the DD Form 214, but there was no regulatory requirement to enter the “from-to” dates of that service, including the DEP, in the Remarks section of the DD Form 214.

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)                                         AR20080019662



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ABCMR Record of Proceedings (cont)                                         AR20080019662



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