IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014253
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 12a (Date Entered AD [Active Duty} This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 14 November 1973 instead of 10 February 1976.
2. The applicant states:
* He entered active duty on 14 November 1973
* He had to wait until his father signed for him which was 10 days after his 17th birthday
3. The applicant provides no documentary evidence 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 was born on 4 November 1956. His enlistment contract shows he enlisted in the U.S. Army Reserve Delayed Entry Program on 26 January 1976 and in the Regular Army (RA) on 10 February 1976 for a period of 4 years. His DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows he had been employed in Windfall, IN from August 1974 through September 1974, and in Sheridan, IN from September 1974 through February 1975. It also shows he lived in Kokomo IN from March 1975 through February 1976. He served as a wire systems installer/operator and was honorably released from active duty on 8 February 1980 for completion of required service.
3. Item 12a of the applicant's DD Form 214 shows the entry "76 02 10"
[10 February 1976].
4. There is no evidence of record which shows the applicant enlisted in the RA on 14 November 1973.
5. The applicant's DA Form 4188 (Military Personnel Office/Finance Office Verification of MPRJ [Military Personnel Records Jacket] and PFR [Personnel Finance Record), dated 20 September 1979, shows his BASD [basic active service date] is 10 February 1976.
6. Orders show the applicant received the Good Conduct Medal for the period
10 February 1976 to 9 February 1979.
7. 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. The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he entered active duty on 14 November 1973. However, there is no evidence of record and the applicant provided no evidence to support this contention.
2. The preponderance of evidence of record shows the applicant enlisted in the Regular Army on 10 February 1976, which is properly reflected in item 12a on his DD Form 214. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214.
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) AR20100014253
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100014253
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009745
The applicant requests that her last DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she had continuous service from 24 October 1972 through 12 May 1980 and award of the Army Commendation Medal. At the time the applicant reenlisted, on 2 December 1974, a separate DD Form 214 was required to be prepared to reflect the period of service from 24 October 1972 through 1 December 1974. During the period 2 December 1974 through 1 December 1976, the fact...
ARMY | BCMR | CY2010 | 20100020875
The applicant requests correction to Item 12a (Date Entered AD (active duty) This Period), 12f (Foreign Service), and 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1991. No evidence shows he served in Vietnam or performed any sea service during the period covered by the DD Form 214 from 1976 to 1991. He was properly issued a DD Form 214 at the time of his discharge from the USMC crediting him with that service.
ARMY | BCMR | CY2010 | 20100026797
He was issued a DD Form 214 for his period of service from 1 February 1974 to 25 January 1976. He was issued a DD Form 214 for his period of service from 26 January 1976 to 26 October 1978. On 27 October 1978, he immediately reenlisted for a period of 3 years.
ARMY | BCMR | CY2010 | 20100029718
The applicant requests, in effect, award of the Overseas Service Ribbon and correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 18 November 1976 to show this award. He also requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active) for the period ending 16 November 1979 to show in: * Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) the entry specialist four (SP4)/E-4 instead of private first class...
ARMY | BCMR | CY2009 | 20090004973
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of entry on active duty as 24 September 1973 and to reflect his foreign service in Korea and Germany. The applicant provides a copy of an earlier Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 26 February 2008, in support of his request. The evidence of record further shows the applicant reenlisted, on 28 July 1975, and he was...
ARMY | BCMR | CY2005 | 20050017806C070206
On 20 December 1976, he reenlisted for a period of 3 years and training as a medical specialist. The applicant initially enlisted and entered active duty on 23 October 1973 and served until he was honorably discharged on 19 December 1976, for the purpose of immediate reenlistment. He reenlisted the following day (20 December 1976) and remained on active duty through continuous reenlistments until his retirement in 1995.
ARMY | BCMR | CY2015 | 20150001576
The applicant requests a DD Form 214 (Report of Separation from Active Duty) for his period of service from 27 April 1976 through 27 January 1980. The applicant provides: * NA Form 13038 * DD Form 214 with an effective date of 26 April 1976 * DD Form 214 with a separation date of 27 January 1983 * his discharge and reenlistment orders, dated 15 April 1976 CONSIDERATION OF EVIDENCE: 1. As such, his DD Form 214 with a separation date of 27 January 1983 should show in: * item 12a - 27 April...
ARMY | BCMR | CY2009 | 20090020287
Application for correction of military records (with supporting documents provided, if any). A second DD Form 214 documents the applicant's service from 5 June 1979 to his retirement on 31 May 1993. Although the applicant states his retirement DD Form 214 should be corrected to reflect he entered active duty at Fort Polk, the evidence of record shows, on 5 June 1979, the applicant reenlisted at Coleman Barracks in Mannheim, Germany.
ARMY | BCMR | CY2008 | 20080013308
The applicant requests, in effect, that the dates in Item 12 (Record of Service) of his 4 November 1988 separation document (DD Form 214) be corrected. His record contains a DD Form 214 prepared for this period of active duty service (27 July 1976 - 20 March 1979). The versions of the regulation in effect at the time of the applicants 1976 and 1979 discharges for immediate reenlistments provided for the issue of a DD Form 214 for each period of enlistment.
ARMY | BCMR | CY2009 | 20090011472
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of the date of entry listed in item 12a (Date Entered [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 November 1988. The DD Form 214 he was issued for this period of service shows that he entered active duty on 3 April 1979 in item 12a.