IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090018098
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 his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 December 1975 be corrected to show he entered active duty on 1 June 1975.
2. The applicant states he was sworn in on 1 June 1975.
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 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 29 July 1975, shows the applicant enlisted in the Regular Army (RA) on this date for a period of 3 years, in pay grade E-1. This document shows he had no previous active military service.
3. Armed Forces Examining and Entrance Station Enlistment Travel Orders Number 20-5, dated 29 July 1975 also show the applicant enlisted in the RA on
29 July 1975 with a reporting date to active duty training at Fort Ord, California on 30 July 1975.
4. On 8 December 1975, the applicant was honorably discharged under the provisions of Department of the Army message date time group 011510Z, August 1973. He had completed 4 months and 5 days of creditable active service.
5. Item 15 (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows he entered active duty on 29 July 1975. Item 9d (Effective Date) shows 5 December 1975.
6. 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 service. 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:
The applicant contends his DD Form 214 should be changed to show he entered active duty on 1 June 1975. The available evidence shows he enlisted in the RA on 29 July 1975. There is no evidence available and the applicant has not provided evidence that shows he enlisted on an earlier date. Therefore, his DD Form 214 appropriately shows he entered active duty on 29 July 1975.
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) AR20090018098
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ABCMR Record of Proceedings (cont) AR20090018098
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