IN THE CASE OF:
BOARD DATE: 1 July 2009
DOCKET NUMBER: AR20090004027
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he entered active duty in 1969 and was separated in November 1973.
2. The applicant states he enlisted in the Delayed Entry Program (DEP). He adds that the error affects his Social Security.
3. The applicant provides his DD Form 214 in support of is 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 DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 23 March 1971, that is contained in his military records, show he enlisted in the U.S. Army Reserve (USAR) DEP for a period of six years on that date. Item 56 (Remarks) of this DD Form 4 contains the entry "ENTRY ON ACTIVE DUTY DELAYED UNTIL 29 MARCH 71." On 29 March 1971, the applicant was discharged from the DEP for the purpose of enlisting in the Regular Army (RA). He served 6 days in the DEP.
3. On 29 March 1971, the applicant signed a second DD Form 4, which is also contained in his military records, that show he enlisted in the RA for 3 years.
4. On 4 October 1972, the applicant's commander recommended he be discharged due to unsuitability for four incidents of being drunk and disorderly, one incident of being disorderly, and one incident of pass violation; one court-martial conviction for being drunk and disorderly; and one nonjudicial punishment imposed under Article 15, Uniform Code of Military Justice (UCMJ) for pass violation.
5. On 1 November 1972, the commander's request was approved by the appropriate authority. Accordingly, on 10 November 1972 the applicant was issued a General Discharge Certificate for unsuitability.
6. The applicant's DD Form 214 shows that he entered active duty on 29 March 1971 and he was discharged on 10 November 1972.
7. 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 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's records clearly show that he enlisted in the RA on 29 March 1971 and he was discharged on 10 November 1972.
2. 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 6 days the
applicant spent in the DEP was not active duty and, therefore, appropriately not used as the entry date on active duty on the applicant's DD Form 214. The entry and separation dates shown on the applicant's DD Form 214 are accurate based on evidence of record. Therefore, there is no basis for granting the applicant's requested relief.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090004027
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ABCMR Record of Proceedings (cont) AR20090004027
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