BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090003958
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:
a. his DD Form 214 (Report of Separation from Active Duty), with the period ending 27 May 1993, be corrected to show he entered active duty in March 1991; and
b. his DD Form 214 separation date be corrected to show he served 1 year in the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR).
2. The applicant states that his DD Form 214 incorrectly shows he enlisted in March 1992 instead of March 1991. He further states that his DD Form 214 does not show he served in the USAR IRR after his discharge from active duty.
3. The applicant provides no addition documents in support of this case.
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. A DD Form 4/1 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 22 January 1975, shows that the applicant enlisted in the USAR delayed entry program (DEP) on 28 October 1991 for a period of 8 years. On 26 March 1992, the applicant was discharged from the DEP for the purpose of enlisting in the Regular Army (RA). He served 4 month and 27 days in the DEP.
3. A DD Form 4/3, dated 26 March 1992, shows that the applicant enlisted in the RA on 26 March 1992 for a period of 3 years.
4. 546th Personnel Service Company Orders 96-102R, dated 25 May 1993, show that the applicant was discharged from the U.S. Army effective 27 May 1993.
5. On 27 May 1993, the applicant was discharged under the provisions of paragraph 14-12b, Army Regulation 635-200 and issued an under honorable conditions discharge certificate, by reason of misconduct after completing 1 year, 2 months, and 2 days of creditable active service. There is no evidence in his military records that show he was transferred to the USAR IRR after his discharge from active duty.
6. Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows he entered active duty on 26 March 1992. Item 12b (Separation Date this Period) shows the effective date of his separation as 27 May 1993.
7. Army Regulation 635-5 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. In pertinent part, it states the DD Form 214 is a synopsis of the
Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be changed to show he entered active duty in March 1991 and to show that he served in the IRR 1 year after his discharge from active duty. Evidence of record shows he enlisted in the DEP on 28 October 1991 and entered active duty on 26 March 1992. Soldiers in the DEP are not on active duty, and DEP is considered as inactive service. Therefore, 26 March 1992 is properly shown in item 12a of his DD Form 214 with the period ending 27 May 1993.
2. The applicant contends that his separation date on his DD Form 214 should be corrected to show he served 1 year in the USAR IRR after his discharge from active duty. Evidence of record shows on 27 May 1993, the applicant was discharged from active duty by reason of misconduct. There is no evidence and the applicant has not provided evidence that shows he served in the USAR IRR after his discharge from active duty or that he enlisted in the USAR.
3. However, the DD Form 214 is a synopsis of the Soldiers 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. The applicant's contention that he served in the USAR IRR occurred outside the period covered by the DD Form 214. Therefore, the separation date of 25 May 1993 on his DD Form 214 is correct.
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) AR20090003958
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