IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100026327
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 the date of entry on his DD Form 214 (Report of Separation from Active Duty) be corrected to show June 1977 as the date he entered military service.
2. He states he needs his date of entry corrected to qualify for Department of Veterans Affairs benefits. He highlights item 18e (Total Service for Pay) of his DD Form 214 to indicate his correct total time in service.
3. He provides 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 applicant's 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 applicant's 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) contained in his military personnel file shows he enlisted in the U.S. Army Reserve on 28 January 1978 and subsequently enlisted in the Regular Army (RA) on 29 June 1978 for a period of 4 years. Additionally, this document shows he had no previous military service.
3. He was discharged on 9 March 1979 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-31, with an under honorable conditions character of service.
4. His DD Form 214 shows the following:
* item 15 (Date Entered Active Duty This Period) 29 June 1978
* item 18a (Net Active Service This Period) 8 months and 11 days
* item 18b (Prior Active Service) 00 00 00
* item 18d (Prior Inactive Service) 5 months and 1 day
* item 18e 1 year, 1 month, and 12 days
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) clarifies the Delayed Entry Program (DEP). The regulation states that an individual entering active duty may enlist first in the DEP. This is an actual enlistment in the inactive U.S. Army Reserve with an agreement to report for active duty in the Regular Army at a specific time in the future.
6. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states to enter the date entered active duty this period in item 15.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active duty on 29 June 1978 and was separated on 9 March 1979. He was credited with 8 months and 11 days of net active service. The date he entered active duty is correct.
2. There were 5 months and 1 day between the time he enlisted in the DEP on 28 January 1978 and the time he entered active duty in the Regular Army on 29 June 1978. The 5 months and 1 day he was in the DEP was considered inactive service and is also correctly reflected on his DD Form 214. Further, he was credited with a total of 1 year, 1 month, and 12 days of total service which is based on 8 months and 11 days of active duty service and the 5 months and 1 day he was in the DEP (inactive service).
3. There is no evidence and he has not provided any to show the date he entered active duty is incorrect. Therefore, there is no error or injustice and no basis to correct 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 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) AR20100026327
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ABCMR Record of Proceedings (cont) AR20100026327
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