IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025825
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 entrance date as 5 May 1975 vice 23 May 1975.
2. The applicant states, in effect, his official enlistment date is incorrect. The date of his enlistment is the date of his examination at the Military Entrance Processing Station (MEPS). His DD Form 214 states he entered active duty on 23 May 1975 instead of the date of his examination at the MEPS on 5 May 1975. This injustice has disqualified him as a Vietnam era wartime veteran and he is classified as a peacetime veteran instead. This is an error on the part of the Army.
3. The applicant provides his DD Form 214 and SF Form 88 (Report of Medical Examination.
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 records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 9 May 1975. After spending 14 days in the DEP, he was discharged from the USAR on 22 May 1975 for the purpose of enlisting in the Regular Army (RA).
3. He executed a 4-year enlistment in the RA on 23 May 1975. He subsequently completed the required training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. He was honorably released from active duty on 6 July 1979 and transferred to the USAR to complete his remaining Reserve obligation. He completed 3 years, 11 months, and 29 days of active service. The DD Form 214 he was issued shows the following entries:
* item 15 (Date Entered Active Duty This Period) "75 05 23"
* item 18a (Net Active Service This Period) "03 11 29"
* item 18b (Total Prior Active Service) "00 00 00"
* item 18d (Prior Inactive Service) "00 00 14"
5. The applicant provides a SF Form 88, dated 5 May 1975, showing he received a physical examination at the MEPS, Dallas, TX, on the same date.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR DEP on 9 May 1975. He remained in the DEP for 14 days and subsequently enlisted in the RA on 23 May 1975. He was honorably released from active duty on 6 July 1979. He completed 3 years, 11 months, and 29 days of active service.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. His DD Form 214 correctly reflects his record of service and contains no errors. Therefore, there is no basis for granting the requested relief.
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) AR20100025825
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ABCMR Record of Proceedings (cont) AR20100025825
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