BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20090021565
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 (Report of Separation from Active Duty) to show his date of entry as 2 December 1976.
2. The applicant states that his date of entry is wrong due to a typing error.
3. The applicant provided no additional documentation 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. Enlistment/Travel Order Number 239-8, Armed Forces Examining and Entrance Station, Springfield, Massachusetts, dated 23 November 1977, shows that the applicant enlisted in the U.S. Army Reserve on this date.
3. Enlistment/Travel Order Number 245-3, Armed Forces Examining and Entrance Station, Springfield, Massachusetts, dated 2 December 1977, shows that the applicant enlisted in the Regular Army on this date.
4. DD Form 4c (Enlistment or Reenlistment Agreement), page 4, dated
2 December 1977, indicates that the applicant agreed to serve in the Regular Army for a period of 4 years commencing on 2 December 1977.
5. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows:
a. delayed enlistment of 9 days from 23 November to 1 December 1977;
b. enlistment on 2 December 1977;
c. basic combat training from 9 December 1977 to 9 February 1978;
d. advanced individual training (AIT) from 10 February to 28 March 1978;
e. follow-on AIT from 6 April to 6 July 1978; and
f. a general discharge on 7 July 1978.
6. The applicant's DD Form 214, ending on 7 July 1978, shows that he had entered active duty on 2 December 1977 and had completed 7 months and
6 days of creditable active duty service.
7. Army Regulation 635-5 (Separation Documents), as in effective at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided for the recording of the date of entry in Item 15 (Date Entered Active Duty this Period).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he entered the U.S. Army on 2 December 1976.
2. The evidence of record clearly shows that the applicant entered active duty on 2 December 1977 and that this same date was properly and correctly entered on his DD Form 214.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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