BOARD DATE:	 24 November 2009 

		DOCKET NUMBER:  AR20090011472 


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 the date of entry listed in item 12a (Date Entered [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 November 1988.

2.  The applicant states, in effect, that he entered into the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) in January 1974 and that he entered active duty in the Regular Army (RA) on 5 May 1975.

3.  The applicant provides his DD Form 214 in support of his 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.  The applicant's official military personnel file contains Armed Forces Examining and Entrance Station Special Orders Number 90-2, dated 6 May 1975, which show the applicant was discharged from the USAR DEP on 5 May 1975.  It also contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) that shows he enlisted in the RA for a period of 4 years and entered active duty on 6 May 1975.  His record confirms he continuously served on active duty until 2 April 1979, at which time he was honorably discharged for the purpose of immediate reenlistment.  The record contains a DD Form 214 issued for this period of service that confirms he completed 3 years, 10 months, and 27 days of active military service during the period covered by the DD Form 214 (6 May 1975-2 April 1979) and that he had completed 2 months and 2 days of prior inactive military service.

3.  The applicant's record also contains a DD Form 4 that confirms he reenlisted in the RA for 4 years and began his last period of active duty service on 3 April 1979.  He served continuously on active duty until 1 November 1988, at which time he was honorably discharged under the provisions of paragraph 4-24e(3), Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of physical disability with severance pay.  The DD Form 214 he was issued for this period of service shows that he entered active duty on 3 April 1979 in item 12a.  Item 12c (Net Service This Period) shows he completed 9 years, 6 months, and 29 days during the period covered by this DD Form 214 (3 April 1979-1 November 1988) and item 12d (Total Prior Active Service) shows he completed a total of 3 years, 10 months, and 27 days of prior active military service.  Item 12e (Total Prior Inactive Service) shows he completed 2 months and 2 days of prior inactive military service.

4.  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 and stipulates a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214 and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 12a of his 1 November 1988 DD Form 214 should be corrected to reflect an entry date in 1975 was carefully considered.  However, there is insufficient evidence to support this claim.
2.  By regulation, a DD Form 214 is a summary of Soldier's most recent period of continuous active duty and the entry in item 12a will be the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.  In this case, the applicant's record confirms he was issued a DD Form 214 for his first continuous period of active duty service between 6 May 1975 and 2 April 1978 (a copy will be provided to him) and that he began his last continuous period of active duty service on 3 April 1979.  As a result, the entry date reflected in item 12a of his 1 November 1988 DD Form 214 is accurate.  This DD Form 214 also properly documents his 2 months and 2 days of inactive military service in the DEP in item 12e and all of the active duty service he completed in items 12c and 12d.  As a result, absent any apparent error in the documentation of his military service on his final DD Form 214, 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)                                         AR20090011472



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011472



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1