IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090012595
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) for the period ending 31 December 1994, to show that the date he entered active duty (AD) was in November 1974 instead of 22 June 1977.
2. The applicant essentially states that he first entered active duty in November 1974 or earlier than that.
3. The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty) for the period ending 21 June 1977; his DD Form 214 for the period ending 31 December 1994; a Standard Form (SF) 513 (Clinical Record - Consultation Sheet), dated 6 November 1974; and a two-page SF 600 (Health Record - Chronological Record of Medical Care), with an initial entry on
6 December 1974, in support of this 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 military records show that he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 14 November 1974. On
3 December 1974, he enlisted in the Regular Army (RA) and he served continuously on AD until he was retired by reason of sufficient service for retirement on 31 December 1994. Item 12a (Date Entered AD This Period) of his DD Form 214 for the period ending 31 December 1994 shows that the beginning period covered by this document was 22 June 1977. A previously issued DD Form 214 covered his AD service from 3 December 1974 to 21 June 1977. Item 12d (Total Prior Active Service) of his DD Form 214 also shows that the applicant had 2 years, 6 months, and 19 days of AD service prior to 22 June 1977, which coincides with his initial date of entry onto AD of 3 December 1974 and the period covered by his DD Form 214 for the period ending 21 June 1977.
3. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the issuance and preparation of the DD Form 214. It provided, in pertinent part, that a DD Form 214 would be prepared for each period of service, to include separations for immediate reenlistment. It further stated that for item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not previously issued. Effective
1 October 1979, this regulation was changed and provided that a separate DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the RA.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the date entered on AD shown on his DD Form 214 for the period ending 31 December 1994 should be changed from 22 June 1977 to sometime in November 1974.
2. The applicant's contention that he entered AD in November 1974 or earlier than that was noted. However, the evidence of record only shows that he
enlisted in the USAR DEP on 14 November 1974 and that he did not enlist in the Regular Army until 3 December 1974 (i.e., when he entered active duty). He was properly issued a DD Form 214 for the period 3 December 1974 to 21 June 1977 in accordance with regulatory guidance at the time which stated that a DD Form 214 would be issued at the time of separation for immediate reenlistment. As a result, his DD Form 214 for the period 3 December 1974 to 21 June 1977 and his DD Form 214 for the period 22 June 1977 to 31 December 1994 properly reflect his total period of active duty service.
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) AR20080015530
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