IN THE CASE OF:	  

		BOARD DATE:	  9 June 2009

		DOCKET NUMBER:  AR20080019946 


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 date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he entered active duty on 17 July 1968 rather than 18 July 1968.

2.  The applicant states, in effect, that his DD Form 214 incorrectly reflects that he enlisted and entered active duty on 18 July 1968.

3.  The applicant provides copies of two certificates of appreciation and a letter from the Department of Veterans Affairs as 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 record shows he enlisted on 18 July 1968.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 63B (Wheeled Vehicle Repairman).  The highest rank the applicant attained while serving on active duty was specialist four (SP4)/pay grade E-4.  However, he held the grade of private first class (PFC)/pay grade E-3 at the time of his release from active duty.  The applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement) effective 21 April 1971.

3.  The applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he entered his initial enlistment in the Regular Army on 18 July 1968 for a period of three years.  This form also shows the applicant's Basic Active Service Date (BASD) and Basic Pay Entry Date (BPED) as 18 July 1968.  This form further shows the applicant took an oath of enlistment on 18 July 1968 and that his enlistment was confirmed by a commissioned officer on 18 July 1968.  This from is authenticated via the applicant's initials and his signature.

4.  Armed Forces Examining and Entrance Station, Roanoke, Virginia, Special Orders Number 142, dated 18 July 1968, show the applicant enlisted under the provisions of Army Regulation 601-210 (Regular Army Enlistment Program) effective 18 July 1968 with an active duty commitment of three years.  These orders also show the applicant's BASD and BPED as 18 July 1968.  These orders also show the applicant's Expiration Term of Service (ETS) as 17 July 1971.

5.  Item 11 (Enlisted, Inducted, Reenlisted, Extended, and or OAD [Ordered to Active Duty]) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was enlisted in the Regular Army on 18 July 1968 for a period of three years and that his ETS was 17 July 1971.  The first entry in Item 38 (Record of Assignments) of this form shows the applicant was assigned to the United States Army Replacement Station located at Fort Bragg, North Carolina, effective 18 July 1968.

6.  Item 17c (Date of Entry) of the applicant's DD Form 214 shows that he enlisted and entered active duty on 18 July 1968.

7.  The applicant provides a Presidential Certificate of Appreciation for Service in the Armed Forces of the United States which indicates his period of service was from 17 July 1968 to 21 April 1971.

8.  The applicant provides a Department of the Army Certificate of Appreciation in recognition of his active service in the United States Army which indicates his period of service was from 17 July 1968 to 21 April 1971

9.  The applicant provides a letter from the Department of Veterans Affairs, Regional Office, Roanoke, Virginia, dated 16 December 2008.  This letter, in pertinent part, shows that the records of the United States Department of Veterans Affairs indicate the applicant's period of active duty service in the Armed Forces of the United States was from 17 July 1968 to 21 April 1971.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Paragraph 41 of this regulation stated that the date the Soldier entered on active duty would be entered in item 17c of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his date of entry on active duty as 17 July 1968 was carefully considered and determined to lack merit.

2.  Evidence of record shows the applicant enlisted on 18 July 1968 and entered active duty on the same date.  This date was acknowledged by the applicant and verified by a commissioned officer on his enlistment contract.  The applicant's date of entry was properly annotated in accordance with the pertinent Army Regulation.

3.  Although the applicant was subsequently provided two certificates of appreciation and a letter from the Department of Veterans Affairs which depict his date of entry on active duty as 17 July 1968, his military personnel record is absent of any evidence which corroborates that date.  The dates reflected on these documents appear to be the result of administrative error.

4.  In order to justify correction of a military record, the applicant must show, 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.  In absence of evidence to the contrary, the preponderance of evidence in the available records supports presumption of regularity in the personnel records maintenance process.

5.  Based on the foregoing, it would be inappropriate in this case to amend the applicant's records to show that he entered active duty on 17 July 1968.

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)                                         AR20080019946





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ABCMR Record of Proceedings (cont)                                         AR20080019946



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