IN THE CASE OF:	  

		BOARD DATE:	    12 July 2011

		DOCKET NUMBER:  AR20100027909 


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 to his DD Form 214 (Report of Separation from Active Duty) to show he entered the Army on 1 May 1975.

2.  The applicant states he went into the Army on 1 May 1975 and when he got to the reception station he was told he would not start basic combat training (BCT) until 12 May 1975.  He states he left his home in Detroit, MI on 1 May 1975 to start basic training at Fort Knox, KY and his record should show this entry date.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 6 May 1975 for a period of 6 years.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows in:

* item 42 (BEPD/PEBD (Basic Entry Pay Date/Pay Entry Basic Date) the entry 6 May 1975
* item 48 the entry "ENLISTED FOR U.S. ARMY RESERVE CONTROL GROUP (DELAYED ENTRY)"
* item 54 the entry "I HAVE HAD THE CONTRACT FULLY EXPLAINED TO ME.  I UNDERSTAND IT, AND CERTIFY THAT NO PROMISE OF ANY KIND HAS BEEN MADE TO ME….  SEE ITEM 56."
* Item 56 the entry "REF ITEM 54:  ENLISTED FOR …05F2 RADIO TELETYPE OPERATOR (NON-MORSE).  ACTIVE DUTY DATE 12 MAY 1975"

3.  On 6 May 1975, the applicant affixed his signature to this DD Form 4 acknowledging he had voluntarily enlisted in the USAR and that he understood he was to enter active duty on 12 May 1975.

4.  His service record contains a second DD Form 4 that shows he enlisted in the Regular Army (RA) on 12 May 1975 for a period of 3 years.  Item 49 (PRIOR SERVICE) shows his former branch of service was USAR and that he had no active federal service.

5.  Special Order Number 94, issued by the Armed Forces Examining and Entrance Station, Detroit, MI, dated 12 May 1975, discharged the applicant from the USAR DEP on 11 May 1975.  This order indicates the applicant was transferred from the Detroit Armed Forces Examining and Entrance Station effective 12 May 1975 and directed to report to Fort Knox on 13 May 1975 to begin BCT on 19 May 1975 and advanced individual training (AIT) on 4 July 1975.  He completed his training and he was awarded military occupational specialty (MOS) 05F.  His MOS was later converted to 05C with the same MOS title.

6.  On 3 May 1978, he was honorably released from active duty and he transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 he was issued at the time shows in:

* item 18a (NET ACTIVE SERVICE THIS PERIOD) the entry "02  11  22"
* item 18b (PRIOR ACTIVE SERVICE) the entry "00  00  00"


* item 18c (TOTAL ACTIVE SERVICE [A + B]) the entry "02  11  22"
* item 18d (PRIOR INACTIVE SERVICE)  the entry "00  00  06"
* item 18e (TOTAL SERVICE FOR PAY) the entry "02  11  28"

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the purpose of a separation document is to provide the individual with documentary evidence of his military service.  It is a vital record for interested Government agencies, which assist the Veteran in obtaining the rights, and benefits to which he is entitled.  Therefore, it is important that information entered is complete and accurate.  The source document used to prepare the DD Form 214 is the DA Form 2-1 and the service records.  For item 15 (Date Entered Active Duty This Period) enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR DEP on 6 May 1975.  Six days later by special orders, he was discharged from the USAR for the purpose of enlisting in the RA for a 3-year period.  His DD Form 4 for this enlistment contained in his service record shows he, in fact, enlisted in the RA on 12 May 1975 and that he was to report to Fort Knox on 13 May 1975 to start BCT on 19 May 1975.

2.  The applicant completed his RA enlistment period and he was released from active duty on 3 May 1978.  He was issued a DD Form 214 from data maintained in his personnel service records to include his DD Forms 4.  His DD Form 214 shows he had 6 days of prior inactive service that accounts for his period of service in the USAR DEP from 6 May to 11 May 1975.

3.  The applicant has not provided any compelling evidence to show that he entered active federal service on 1 May 1975 as he contends in his application.  Therefore, there is an insufficient basis for changing his entry on active duty date in the Regular Army to 1 May 1975 as he purports.

4.  In view of the foregoing, there is no basis 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)                                         AR20100027909



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ABCMR Record of Proceedings (cont)                                         AR20100027909



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