IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20090021199
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active federal service on 3 October 1993.
2. The applicant states his DD Form 214 should show he entered active duty on 3 October 1993.
3. The applicant did not provide any supporting documents 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 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 records maintained in the interactive Personnel Electronic Records Management System (iPERMS) contain his initial enlistment documents. The applicant's DD Form 4 (Enlistment/Reenlistment Document -Armed Forces of the United States) shows his date of enlistment in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) as 10 June 1994. This same form shows he was discharged from the USAR DEP and he enlisted in the Regular Army on 3 October 1994 for a 3-year period.
3. The applicant completed initial entry training and he was awarded military occupational specialty (MOS) 11B (Infantryman). He completed his initial term of active duty service and reenlisted on 2 March 1997 for 4 years.
4. On 1 March 2001, the applicant was honorably released from active duty upon the expiration of his term of service and transferred to a USAR unit in Oklahoma to complete his remaining Reserve obligation. Upon his release from active service this period, he was issued a DD Form 214 which shows in item 12a (Date Entered Active Duty This Period) the entry "1994 10 03."
5. Item 18 (Remarks) of the applicant's DD Form 214 shows the entries "PERIOD OF DELAYED ENTRY PROGRAM: 19940610-19941002" and "IMMEDIATE REENLISTMENTS THIS PERIOD: 19970302-20010301."
6. Army Regulation 635-5 (Personnel Separations - 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. It states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies, which assist the Veteran in obtaining the rights, and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It states that for item 12a, 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. Based on the evidence of record in the applicant's iPERMS file he enlisted in the USAR on 10 June 1994 in the USAR DEP. Then on 3 October 1994, he enlisted in the Regular Army which is the date he entered active duty service as shown on his DD Form 214 with a separation date of 1 March 2003.
2. 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 not provided any compelling evidence to show that he entered active federal service in 1993 as he contends.
3. In view of 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) AR20090021199
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ABCMR Record of Proceedings (cont) AR20090021199
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