IN THE CASE OF:
BOARD DATE: 9 JUNE 2009
DOCKET NUMBER: AR20090003927
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date of his entry into the Delayed Entry Program (DEP) and to update his medals.
2. The applicant states, "problems with apprentice program."
3. The applicant provides, in support of his application, a copy of his DD Form 214.
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. On 30 December 1976, the applicant enlisted in the United States Army Reserve (USAR) (Delayed Entry Program) for a period of 6 years. He opted to delay his subsequent entry into the Regular Army (RA) until 22 February 1977.
3. On 21 February 1977, the applicant was discharged from the DEP and, on
22 February 1977, he enlisted in the RA. He completed his initial training, served through a series of enlistments and assignments both in the United States and overseas, and retired by reason of sufficient service for retirement. He had attained the rank/grade of staff sergeant (SSG)/E-6, and had completed 20 years and 9 days of total active duty service.
4. Item 12a (Date Entered AD [Active Duty] This Period) of the applicant's DD Form 214 shows he entered AD on 22 February 1977; item 12b (Separation Date This Period) shows he was separated from active duty on 28 February 1997; and item 12e (Total Prior Inactive Service) shows he had 1 month and 22 days of prior inactive service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as Army Commendation Medal (4 awards), Army Achievement Medal (6 awards), Army Good Conduct Medal (5 awards), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (two awards), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 12e, from previously issued DD Forms 214 and/or ERB (Enlisted Record Brief), enter the total amount of prior inactive service, less lost time, if any. It does not provide for recording specific dates for this service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the date of his entry into the DEP. He also requested an update of his awards.
2. The available evidence clearly shows that the applicant enlisted in the USAR on 30 December 1976 and subsequently enlisted in the RA on 22 February 1977, 1 month and 22 days later. His period of prior inactive service is properly shown in Item 12e of his DD Form 214. Therefore, there is no correction to be made on this issue.
3. There is no available evidence showing that the applicant is authorized any awards that are not already shown on his DD Form 214. Furthermore, the applicant has not provided any evidence or argument identifying what award he thinks may be either be missing or entitled to in addition to the awards already awarded or authorized. Therefore, his request to update his awards should be denied.
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.
___________XXX____________
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) AR20090003927
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ABCMR Record of Proceedings (cont) AR20090003927
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