IN THE CASE OF:
BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100029673
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 item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 September 1980 be corrected.
2. The applicant states:
* he enlisted in the Army on 1 July 1970 but his current DD Form 214 indicates 4 June 1975 (date of his commissioning from West Point)
* his date of entry to active duty was 1 July 1970 (date of enlistment)
* he entered West Point as an E-3 from the U.S. Military Academy Preparatory School then located at Fort Belvoir, VA
3. The applicant provides a copy of his DD Form 214 for the period ending
25 September 1980.
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. He enlisted in the U.S. Army Reserve on 1 July 1970 for a period of 2 years for attendance at the U.S. Army Military Academy Preparatory School at Fort Belvoir, VA and he was ordered to active duty. On 30 June 1972, he was honorably discharged. Item 30 (Remarks) shows, among other entries, the entry "Item 22a [Creditable for Basic Pay Purposes]: Includes service as a Cadet, USMA [U.S. Military Academy], from 1 Jul 71 - 30 Jun 72."
3. Item 17c (Date of Entry) of his DD Form 214 for period ending 30 June 1972 shows the entry "1 Jul 1970." Items 22a(1) (Net Service This Period) and 22a(3) (Total) show he served 2 years.
4. He was commissioned a second lieutenant in the Regular Army on 4 June 1975 and entered active duty. On 25 September 1980, he was honorably discharged in the rank of captain for miscellaneous individual reasons.
5. Item 12a of his DD Form 214 for the period ending 25 September 1980 shows the entry "75 06 04" [4 June 1975]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years of prior active service.
6. 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. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added). It also states that for item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. He contends he enlisted in the Army on 1 July 1970 and item 12a of his DD Form 214 for the period ending 25 September 1980 should be amended to show this date.
2. Evidence shows he entered active duty on 1 July 1970, which is properly reflected on his DD Form 214 for the period ending 30 June 1972. He was honorably discharged on 30 June 1972. This DD Form 214 includes his service as a cadet from the U.S. Military Academy from 1 July 1971 to 30 June 1972. A copy of this DD Form 214 will be provided to the applicant.
3. Evidence shows he entered active duty on 4 June 1975 as a commissioned officer and was honorably discharged on 25 September 1980. His period of prior active service is properly reflected in item 12d of his DD Form 214 for the period ending 25 September 1980. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214 for the period ending 25 September 1980.
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) AR20100029673
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ABCMR Record of Proceedings (cont) AR20100029673
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