IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080007270
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 to the service entry date on his DD Form 214 (Report of Separation from Active Duty), dated 30 January 1978.
2. The applicant states, in effect, his 1978 DD Form 214 states he entered the service on 29 May 1975 and it should state he entered the service on 5 May 1975. He also states that he is applying for benefits and the correct date is required for his entitlement to disability benefits.
3. In support of his application, the applicant provides a copy of his letter from the Department of Veterans Affairs (DVA).
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 he enlisted in the Regular Army, in pay grade E-1, on 29 May 1975, for 3 years. He was honorably released from active duty on 30 January 1978, for immediate reenlistment. He was issued a DD Form 214, that shows in Item 15 (Date Entered Active Duty This Period) the date 29 May 1975.
3. The applicant reenlisted in the Regular Army, in pay grade E-4, on 31 January 1978, for 4 years. He extended his reenlistment on 25 March 1980, for 11 months. He was discharged from active duty, in pay grade E-1, on 10 February 1982, with a general discharge.
4. The applicant provides a copy of his letter from the DVA, dated 25 February 2008, wherein he was advised of the denial of pension benefits. The letter also advised that his records showed he had no wartime service and that he served on active duty from 29 May 1975 to 30 January 1978 and from 31 January 1978 to 10 February 1982.
5. Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214. It states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The date the Soldier entered active duty status will be entered [his current enlistment will be entered] in Item 15. The effective date of separation will be shown in Item 9d (Effective Date).
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to correction to Item 15 of his DD Form 214, dated 30 January 1978. The applicant has provided no evidence to support his contention that the date in Item 15 is incorrect and should reflect another date.
2. The evidence shows the applicant enlisted in the Regular Army and entered active duty on 29 May 1975, his first enlistment. He was separated for immediate reenlistment on 30 January 1978 and provided a DD Form 214. He reenlisted on 31 January 1978 and served continuously until his discharge on 10 February 1982. He was also provided a DD Form 214 to cover this period of service.
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.
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) AR20080007270
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ABCMR Record of Proceedings (cont) AR20080007270
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