IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100027416
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 DD Form 214 (Report of Separation from Active Duty) to show the correct date he entered active duty.
2. The applicant states:
a. He entered active duty on 26 November 1976 [sic] at the age of 17 years old.
b. His total service should be documented on his DD Form 214 even though he had 12 days time lost.
3. The applicant provides a copy of 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 Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States) prepared during his enlistment process. Item 6 (Date of Enlistment/Induction) of this form shows the entry "74 NOV 30," indicating he enlisted on 30 November 1974. Item 21 (Date of Birth) shows the entry "56 DEC 12," indicating he was born on 12 December 1956. The applicant authenticated this document with his signature in Item 57 (Oath of Enlistment). Item 59 (Confirmation of Enlistment) states "The above oath was subscribed and duly sworn to before me this 30th day of November 1974." The confirmation was signed by "D.A. K------I," a captain at the Armed Forces Examining and Entrance Station (AFEES), Newark, NJ
3. Item 47 (Basic Active Service Date (BASD)) of the applicant's DA Form 2 (Personnel Qualification Record - Part 1) that was prepared upon his entrance on active duty contains the entry "741130." Additionally, all other documents contained in his OMPF lists his BASD as 30 November 1974.
4. The applicant's military record shows he enlisted in the Regular Army (RA) on 30 November 1974. He was trained in and awarded military occupational specialty 36K (Field Wireman). He continued to serve until he was discharged on 18 November 1976.
5. The DD Form 214 he was issued upon his discharge shows he completed
1 year, 11 months, and 7 days of creditable active service and he accrued
12 days of time lost. Item 4 (Date of Birth) contains the entry "56 12 12." Item 15 (Date Entered Active Duty This Period) contains the entry "74 11 30."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing Item 15 states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 4, DA Form 2, and all other documents maintained in his OMPF listing his BASD show he enlisted in the RA on 30 November 1974.
Where applicable, the applicant authenticated these documents with his signature, thereby verifying the information contained thereon was correct. The date in question is supported by the evidence of record and the applicant did not provide any evidence to show this date is incorrect.
2. His record also shows he was born on 12 December 1956 and he entered active service on 30 November 1974. This equates to 17 years, 11 months, and 19 days of age at the time he enlisted in the Army. Had he enlisted on
26 November 1976 as he contends, he would have been 19 years, 11 months, and 15 days of age at the time of enlistment.
3. The applicant's OMPF does not contain any documents and he did not provide any documents that shows a date of entry on active duty other than
11 November 1974.
4. In view of the foregoing, there is no basis upon for granting the applicant's 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) AR20100027416
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ABCMR Record of Proceedings (cont) AR20100027416
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