DOCKET NUMBER: AR20090003244
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 the delayed entry period entered in the block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the ending date of his delayed entry period entered on his DD Form 214 overlaps with the date he entered active duty.
3. The applicant provides his DD Form 214 in support of this 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 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. Page 1 of the applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the Delayed Entry Program (DEP) on 12 May 1993. Available records do not contain that portion of the applicant's DD Form 4 which shows the date of enlistment in the Regular Army.
3. A DD Form 1996 (Record of Military Processing - Armed Forces of the United States) shows that the applicant was recertified at the time of entry on active duty on 21 July 1993.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he entered on active duty on 21 July 1993.
5. The applicant was released from active duty on 10 February 2000. Block 18 shows his period of DEP time as "19930512-19930721."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It also establishes standardized policy for the preparation of the DD Form 214. It states that for a Soldier who has DEP time, enter "BLOCK 6 - PERIOD of DEP (inclusive periods of DEP time)" in block 18.
DISCUSSION AND CONCLUSIONS:
The applicant's enlistment documents, DA Form 2-1, and other records show he was in the DEP during the period 12 May 1993 through 20 July 1993. His records show that he entered active duty on 21 July 1993. Therefore, he is entitled to have his DEP time in block 18 of his DD Form 214 corrected to show "BLOCK 6 - PERIOD OF DELAYED ENTRY PROGRAM: 19930512-19930720."
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his DEP time in block 18 as "BLOCK 6 - PERIOD OF DELAYED ENTRY PROGRAM: 19930512-19930720."
____________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) AR20090003244
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ABCMR Record of Proceedings (cont) AR20090003244
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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