IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016553
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 item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 27 January 1983.
2. The applicant states:
* His enlistment/travel orders show he was directed to Fort Jackson, SC for active duty on 27 January 1983
* His DD Form 214 shows he entered active duty on 23 April 1983
3. The applicant provides:
* Enlistment/travel orders, dated 26 January 1983
* 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 enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 23 April 1982. On
25 January 1983, he was discharged from the DEP and he enlisted in the Regular Army (RA) on 26 January 1983 for a period of 4 years. His enlistment contract shows he served 9 months and 3 days in the DEP. He was awarded military occupational specialty 51R (interior electrician).
3. On 21 February 1985, the applicant was discharged with an under honorable conditions (a general discharge) under the provisions of Army Regulation
635-200, chapter 9, for drug abuse rehabilitation failure. He had completed
2 years and 27 days of creditable active service.
4. Item 12a of the applicant's DD Form 214 shows the entry "83 04 23" [23 April 1983]. Item 12c (Net Active Service This Period) of his DD Form 214 shows the entry "01 09 29" [1 year, 9 months, and 29 days]. Item 12e (Total Prior Inactive Service) of his DD Form 214 shows the entry "00 02 27" [2 months and 27 days].
5. In support of his claim, the applicant provided enlistment/travel orders, dated 26 January 1983, which show:
* He was discharged from the USAR on 25 January 1983
* He enlisted in the RA on 26 January 1983
* He was transferred from the Military Entrance Processing Station, Indianapolis, Indiana and directed to proceed to the U.S. Army Reception Station, Fort Jackson, South Carolina no later than 2400 hours on 27 January 1983
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 12a of his DD Form 214 should be corrected to show 27 January 1983. However, his enlistment contract and the enlistment/travel orders provided by the applicant show he enlisted in the RA on 26 January 1983. Therefore, his enlistment contract which shows he enlisted in the RA on 26 January 1983 is accepted as sufficient evidence on which to
amend item 12a of his DD Form 214 to show he entered active duty on
26 January 1983. In addition, item 12c of his DD Form 214 should be corrected to show he completed 2 years and 27 days of active service this period.
2. Item 12e of the applicant's DD Form 214 shows he completed 2 months and 27 days of prior inactive service. However, evidence of record shows he completed 9 months and 3 days in the DEP. Therefore, the entry on the applicant's enlistment contract which shows he completed 9 months and 3 days in the DEP is accepted as sufficient evidence on which to amend item 12e of his DD Form 214 to show he completed 9 months and 3 days of prior inactive service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
______X__ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 12a of his DD Form 214 and replacing it with the entry "83 01 26";
b. deleting the entry in item 12c of his DD Form 214 and replacing it with the entry "02 00 27"; and
c. deleting the entry in item 12e of his DD Form 214 and replacing it with the entry "00 09 03."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 12a of his
DD Form 214 to show 27 January 1983.
_______ _ _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) AR20100016553
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100016553
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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