IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090002555
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 (Report of Separation from Active Duty) to show he entered active duty on 26 June 1976.
2. The applicant states that his discharge papers show his expiration term of service (ETS) as 1978, but he got out in 1976.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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. Department of Defense, Armed Forces Examining and Entrance Station, Enlistment/Travel Order Number 131-8, dated 27 June 1978, shows the applicant enlisted in the Regular Army on 27 June 1978.
3. The applicant's DD Form 4c (Enlistment or Reenlistment Agreement) and his DD Form 1966/1 (Application for Enlistment) show he enlisted in the Regular Army on 27 June 1978. He placed an "X" in Block 26 (Military Service) of his DD Form 1966/2 indicating that he had never been in the Regular, Reserve, or National Guard of the United States.
4. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) also shows he enlisted on 27 June 1978.
5. Headquarters, U.S. Army Training Center and Fort Dix, Orders 255-189, dated 12 September 1978, show the applicant was discharged on 12 September 1978. At the time of his discharge, he had completed 2 months and 16 days of active military service.
6. Item 15 (Date Entered Active Duty This Period) on the applicants DD Form 214 shows he entered active duty on 27 June 1978.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In the version in effect at the time, it directed that the date entered active duty would be entered in item 15 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge papers show his ETS as 1978 when he got out in 1976. He also states he entered active duty in 1976. However, the preponderance of evidence shows he enlisted in the Regular Army on 27 June 1978 and was discharged on 12 September 1978.
2. The applicant's DD Form 214 was prepared to properly reflect the date he entered active duty as 27 June 1978. There is no evidence of record which shows the applicant entered active duty in 1976 or that he was separated from the service in 1976.
3. Therefore, there is insufficient evidence on which to correct the applicant's records to show he entered active duty on 26 June 1976.
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) AR20090002555
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ABCMR Record of Proceedings (cont) AR20090002555
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