IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100010202
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 of Release or Discharge from Active Duty) to show the date he entered active duty was 7 June 1976 instead of 7 June 1979.
2. The applicant states that the date on his DD Form 214 shows his date entered active duty this period as 7 June 1979.
3. The applicant provides a copy of his DD Form 214.
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 DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), shows he enlisted in the U.S. Army Reserve (USAR) on 4 June 1976 for a period of 6 years.
3. The applicant's DD Form 4c (Enlistment or Reenlistment Agreement (continuation sheet), dated 7 June 1976, shows he was discharged from the USAR and he enlisted in the Regular Army (RA) on 7 June 1976 for a period of
3 years.
4. On 6 June 1979, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 2, by reason of completion of required active service. He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.
5. Item 15 (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 7 June 1979. Item 9d shows he was REFRAD on 6 June 1979. Item 18a (Net Active Service This Period) shows the entry "3 years."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation or order, or any other document authorized for filing in the Official Military Personnel File (OMPF).
7. Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214. The instructions states, in pertinent part, for Item 15, enter the beginning date of the continuous period of AD for issuance of this DD Form 214.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant enlisted in the RA on 7 June 1976; however, item 15 of his DD Form 214 erroneously shows 7 June 1979, the day after he was honorably separataed. Therefore, the applicants DD Form 214 should be corrected to show 7 June 1976 as the effective date he entered active duty.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Item 15 of his DD Form 214 the entry "7 June 1979" and replacing it with the entry "7 June 1976."
___________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) AR20100010202
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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