IN THE CASE OF:
BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100028128
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 (Certificate of Release or Discharge from Active Duty) to show his dates of enlistment and discharge.
2. The applicant states, in effect, his DD Form 214 does not show the correct dates of his enlistment and discharge from active duty.
3. The applicant provides no additional documentation.
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 DD Form 4 (Enlistment/Reenlistment Document), dated
7 December 1995, shows:
* He entered the U.S. Army Reserve (USAR) on 7 December 1995
* He agreed to a term of 8 years in the USAR
* He also agreed to a 3-year enlistment in the Regular Army commencing on 22 February 1996
* He enlisted in the Regular Army on 22 February 1996
3. On 8 January 1997, the applicant was entered into the Army Weight Control Program and successfully completed the program. He had to reenter the program in September 1997 because he had failed to maintain the weight standard.
4. On 1 October 1997, the applicant's commander recommended that he be separated under the provisions of Army Regulation 635-200, chapter 18, for exceeding the Army's weight and body fat standards.
5. On 3 October 1997, the appropriate authority directed that the applicant be released from active duty and transferred to the USAR.
6. The applicant's DD Form 214 shows in:
a. Item 12a (Date Entered Active Duty This Period): 22 February 1996;
b. Item 12b (Separation Date this Period): 10 October 1997;
c. Item 12c (Net Active Service this Period): 1 year, 7 months, 19 days.
7. Orders D-12-447683, U.S. Army Human Resources Command, St. Louis, Missouri, dated 7 December 2004, discharged the applicant from the USAR.
8. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. Item 12 (Record of Service) is to show the dates of entry and separation from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his dates of entry and discharge from active duty.
2. The applicant's DD Forms 4 clearly shows that the applicant agreed to begin his active duty service in the Regular Army on 22 February 1996 and did in fact enlist in the Regular Army on that date. This date is reflected on his DD Form 214.
3. The evidence of record clearly shows that the applicant was processed for release from active duty in early October 1997. His DD Form 214 shows his date of release from active duty as 10 October 1997. There is no documentary evidence showing this date to be in error.
4. Furthermore, the applicant has not provided any evidence or argument that specifies what he believes his dates of entry and release should be.
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) AR20100028128
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ABCMR Record of Proceedings (cont) AR20100028128
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