IN THE CASE OF:
BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090017091
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 correction of item 15 (Date Entered Active Duty this Period) of his DD Form 214 (Report of Separation from Active Duty) to show
3 May 1975 instead of 8 May 1975.
2. The applicant states his original date of entry was 3 May 1975 instead of the date reflected on his DD Form 214, a difference of five days.
3. The applicant provides a copy of his DD Form 214 for the period ending
27 November 1977; enlistment orders, dated 9 January 1975; and extracts of his enlistment contract.
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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 9 January 1975 for 6 years. Item 56 (Remarks) contains the entry "Delayed from Active Duty Until 8 May 75."
3. The applicant was discharged from the USAR DEP on 7 May 1975 and he enlisted in the Regular Army on 8 May 1975 for 3 years.
4. Special Orders Number 6, published by the Armed Forces Examining and Entrance Station, Jacksonville, FL, dated 9 January 1975, show the applicants effective date of active duty as 8 May 1975.
5. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 8 May 1975.
6. Item 38 (Record of Assignments) on his DA Form 2-1 (Personnel Qualification Record - Part II) shows his date of enlistment as 8 May 1975.
7. The applicant was discharged on 27 November 1977 and he completed 2 years, 6 months, and 20 days of active military service this period.
8. Item 15 of the applicants DD Form 214 shows he entered active duty on
8 May 1975.
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's 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. In the version in effect at the time, it directed that the date entered active duty would be entered in item 15 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his original date of entry was 3 May 1975 instead of the date reflected on his DD Form 214. However, the evidence of record shows he enlisted in the Regular Army on 8 May 1975.
2. The applicant's DD Form 214 was prepared to properly reflect the date he entered active duty as 8 May1975. His service records do not show he entered active duty on 3 May 1975 and he did not provide any documentation to support his contention. Therefore, there is insufficient evidence on which to correct the applicant's records to show he entered active duty on 3 May 1975.
3. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090017091
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ABCMR Record of Proceedings (cont) AR20090017091
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