IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100020951
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 15 (Date Entered Active Duty This Period) on his DD Form 214 (Report of Separation from Active Duty) to show his entry date as 14 January 1979 instead of 14 April 1979.
2. He states he entered active duty on 14 January 1979.
3. He provides:
* VA Form 26-8261 (Certificate of Veteran Status)
* DD Form 214
* DD Form 4 (Enlistment Contract Armed Forces of the United States)
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 enlisted in the U.S. Army Reserve Control Group (Reserves Officer Training Corps (ROTC)) on 16 September 1975 and was discharge on 5 June 1977 for the purpose of accepting a commission in the U.S. Armed Forces.
3. He was appointed as a Reserve commissioned officer on 6 June 1977.
4. Orders published on 16 November 1978 show he was ordered to active duty for training (ADT) with a reporting date of not later than 14 January 1979.
5. He was released from ADT on 15 April 1979.
6. Item 15 on his DD Form 214 shows he entered active duty on 14 April 1979. He was released from ADT on 15 April 1979, which equates to 1 day of net active service. His DD Form 214 shows he completed 3 months and 2 days of net active service this period.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he entered active duty on 14 January 1979 is acknowledged and determined to have merit.
2. Orders published on 16 November 1978 show he was ordered to active duty on 14 January 1979.
3. However, his DD Form 214 shows he entered active service on 14 April 1979 and was released from active duty on 15 April 1979 which equates to only 1 day. It appears his date entered active duty was erroneously entered in item 15 on his DD Form 214.
4. It would be appropriate to amend item 15 of his DD Form 214 to show he entered active duty 14 January 1979.
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 the entry 79 04 14 from item 15 of his DD Form 214 and replacing it with the entry 79 01 14.
_______ _ _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) AR20100020951
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020951
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100010844
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 January 1979 to show his entry date as 1 June 1974. The applicant's records show he enlisted in the OKARNG for a period of 6 years on 25 July 1975. The DD Form 214 he was issued for this period of active service shows the following entries: * item 15 (Date Entered Active Duty (AD) This Period) shows "77 07 21" * item 9d (Effective Date (of Separation This Period) shows "79...
ARMY | BCMR | CY2014 | 20140021618
On 5 June 1979, while serving with the PRARNG he received a DD Form 689 (Individual Sick Slip) for pain on his right hand that he claims he received while on active duty for training. The applicant claims that the DA Form 2173 dated 3 June 1979 was falsified. Additionally, there is no evidence that he was unfit for duty when he was on ADT or that he was unable to perform his MOS was he was discharged from the PRARNG.
ARMY | BCMR | CY2009 | 20090006511
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military occupational specialty (MOS) 00E (Recruiter and Career Counselor) and 00R (Recruiter). He also requests award of and the listing of the Career Counselor Badge on his DD Form 214. With respect to the Career Counselor Course, the evidence of record shows the applicant held MOS 79D, completed formal resident training, and served in a 79D coded position for at least 12 months.
ARMY | BCMR | CY2007 | 20070015030
On 25 June 1979, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. His discharge packet is not available; however, in the absence of evidence to the contrary it is presumed that the discharge proceedings were conducted...
ARMY | BCMR | CY2007 | 20070015030
Effective 20 June 1978, the applicant was honorably discharged from the Army National Guard and ordered to involuntary active duty for 21 months and 6 days for failure to satisfactorily participate in required unit training. On 25 June 1979, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service with a discharge under other than honorable conditions. Army Regulation 635-200, paragraph 3-7b, provides that a...
ARMY | BCMR | CY2010 | 20100006947
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his entry date as 1 November 1977 instead of 17 October 1979. The DD Form 214 he was issued shows the following entries: * Item 12a (Date Entered Active Duty (AD) This Period), "79 10 17"; * Item 12b (Separation Date This Period), "88 02 11"; * Item 12c (Net Active Service This Period), "08 03 25"; and * Item 12d (Total Prior Active Service), "01 10 15." Item 12a shows the...
ARMY | BCMR | CY2010 | 20100024191
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 July 1992 to show his correct date of enlistment. The applicant provides: * his military occupational specialty (MOS) orders, dated 3 October 1977 * his DD Form 214 for the period ending 2 July 1992 CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2013 | 20130003169
The applicant requests his DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 September 1979 be corrected to show his correct dates of active service. The applicant provides his: * DD Form 214 with an effective date of 10 September 1979 * General Discharge Certificate, dated 10 September 1979 CONSIDERATION OF EVIDENCE: 1. Item 9d (Effective Date) contains the entry "75 04 28" or 28 April 1975. c. Item 18a (Net Active Service This Period) contains the entry "0...
ARMY | BCMR | CY2008 | 20080018105
IN THE CASE OF: BOARD DATE: 25 June 2009 DOCKET NUMBER: AR20080018105 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, reconsideration of his request for correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 June 1980, to show he entered on active duty for training (ADT) on 1 November 1977 instead of 1 October 1978. Orders Number T-12-42207, dated 21 December 1979, changed his period of ADT from 458 days to 639 days.
ARMY | BCMR | CY2013 | 20130020936
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his entry date as 7 November 1972 vice 21 September 1979. His DD Form 214 correctly captured his military service during this period of enlistment. His DD Form 214 further shows in: * Item 12a the entry "79-09-21" (the date he reenlisted) * Item 12b the entry "92-11-30" (the date he retired) * Item 12c the entry "13-02-10" (the total active service from the date he reenlisted...