DOCKET NUMBER: AR20090003345
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 the entry date in Item 15 (Date Entered Active Duty This Period) of her 28 February 1979 DD Form 214 (Report of Separation from Active Duty) be corrected to show she entered active duty in 1975 and not 1976, as is currently listed.
2. The applicant states, in effect, that the 28 December 1976 date of entry on active duty listed on her DD Form 214 of 28 February 1979 is incorrect and that it should instead reflect the date 26 December 1975.
3. The applicant provides her DD Form 214 in support of her 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. The applicant's Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), which shows she initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 4 August 1976, that she was discharged from the DEP on 27 December 1976, and that she enlisted in the Regular Army (RA) for 3 years on 28 December 1976.
3. The applicant's OMPF also contains Armed Forces Examining and Entrance Station (AFEES) Enlistment/Travel Order Number 258-11, dated 28 December 1976, which shows the applicant's enlistment date in the RA as 28 December 1976.
4. On 28 February 1979, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 she was issued at the time shows, in Item 18c (Total Active Service) that she had completed a total of
2 years, 2 months, and 1 day of active military service during the period covered by the DD Form 214 (28 December 1976 28 February 1979). Item 18d (Prior in Active Service) shows she completed a total of 4 months and 24 days of prior inactive service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added). The regulation states, in pertinent part, that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the date of entry of 28 December 1976, listed on her DD Form 214 is incorrect and should instead show 26 December 1975, was carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant initially enlisted in the DEP and entered a USAR inactive status on 4 August 1976. It also confirms she was discharged from the DEP on 27 December 1976 and enlisted in the RA and entered active duty on 28 December 1976, as evidenced by the DD Form 4 and AFEES enlistment orders on file in her OMPF. Therefore, there appears to be no error in the entry date listed on her DD Form 214 and as a result, there is an insufficient evidentiary basis to support granting the requested relief.
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. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090003345
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003345
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050004418C070206
The applicant provides copies of her DD Form 214 (Report of Separation from Active Duty), with an effective date of 29 January 1979; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 14 October 1983; two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 15 April 1986; and DD Form 214, with an effective date of 13 March 1987, in support of her application. There is no evidence of record that shows...
ARMY | BCMR | CY2010 | 20100025469
The applicant provides his DD Form 214 and Enlistment/Travel Order No. The evidence of record shows that he enlisted in the RA, and was ordered to active duty, at the AFEES in Dallas, TX. Army Regulation 635-5 states that the information contained within the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, and defines a Soldier's HOR as the HOR they maintained at the time of commissioning, appointment, enlistment, or upon being ordered to a tour...
ARMY | BCMR | CY2010 | 20100019756
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.
ARMY | BCMR | CY2009 | 20090021723
The applicant's Official Military Personnel File (OMPF) does not contain a DD Form 214 documenting her period of RA service from 1 October 1976 through 30 March 1980. Based on the evidence of record in the applicant's OMPF and applicable regulations, the applicant's DD Form 214 was correctly prepared upon her separation from active duty on 9 June 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215...
ARMY | BCMR | CY2014 | 20140003400
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation and Record of Service) as follows: * item 15 (Date Entered Active Duty This Period) to show 29 January 1975 vice 25 June 1975 * item 18f (Foreign and/or Sea Service This Period) to add his service from 15 January 1979 to 28 February 1979 in support of the Return of Forces to Germany (REFORGER) Exercise * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2008 | 20080015833
IN THE CASE OF: BOARD DATE: 24 March 2009 DOCKET NUMBER: AR20080015833 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that: a. her DD Form 214 (Report of Separation from Active Duty), with the period ending 16 June 1978, be corrected to show she entered the military under the delayed entry program (DEP); b. she be issued a DD Form 214 that shows her service in the U.S. Army Reserve (USAR); and c. her DD Form 214 show her promotion to the rank of sergeant...
ARMY | BCMR | CY2009 | 20090018237
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, removal of lost time in item 29 (Dates of Time Lost During this Period) on her 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty). When the applicant's 1992 DD Form 214 was issued, her 4 day period of AWOL (890917-890920) was recorded in item 29.
ARMY | BCMR | CY2010 | 20100029718
The applicant requests, in effect, award of the Overseas Service Ribbon and correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 18 November 1976 to show this award. He also requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active) for the period ending 16 November 1979 to show in: * Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) the entry specialist four (SP4)/E-4 instead of private first class...
ARMY | BCMR | CY2013 | 20130000073
ARMY | BCMR | CY2011 | 20110002109
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant entered active duty from civilian life at Dallas, Texas, and that her HOR at the time was Tyler, Texas, as evidenced by the DD Form 4 documenting her initial enlistment on 1 July 1975. The 1975 DD Form 4 also confirms the applicants HOR was in Tyler, Texas, and subsequent DD Forms 4 prepared for her 1978 reenlistment in the RA and 1988 enlistment in...