IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110000645
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 (Certificate of Release or Discharge from Active Duty) be corrected to show September 1980 as the date he entered military service.
2. He states that he applied to the Department of Veterans Affairs for benefits and he was denied because he did not have two full years of service.
3. He does not provide any additional evidence.
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 or Reenlistment Agreement) contained in his military personnel file shows he enlisted in the U.S. Army Reserve delayed Entry Program on 21 July 1980 and subsequently enlisted in the Regular Army (RA) on 8 October 1980 for a period of 2 years. Additionally, this document shows he had no previous military service.
3. He was honorably released from active duty on 24 September 1982 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-12.
4. His DD Form 214 shows the following:
* item 12a (Date Entered Active Duty This Period) - 8 October 1980
* item 12b (Separation Date This Period) - 24 September 1982
* Item 12c (Net Active Service This Period) - 1 year, 11 months, and
17 days
* item 12d (Total Prior Active Service) - 00 00 00
* item 12e (Total Prior Inactive Service) - 2 months and 17 days
* item 12f (Foreign Service) - 1 year, 7 months, and 29 days
5. Army Regulation 601-210 (RA 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 12a. Additionally, in order to assist with determining eligibility for entitlements, this regulation provides for the entry of the following statement in item 18 (Remarks) "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered active duty on 8 October 1980 and was separated on 24 September 1982. He was credited with 1 year, 11 months, and 17 days of net active service. The date he entered active duty is correct.
2. There were 2 months and 17 days between the time he enlisted in the DEP on 21 July 1980 and the time he entered active duty in the RA on 8 October 1980. The 2 months and 17 days he was in the DEP was considered inactive service and is also correctly reflected on his DD Form 214.
3. There is no evidence and he has not provided any to show the date he entered active duty is incorrect.
4. However, in order to assist with determining eligibility for entitlements, Army Regulation 635-5 provides for the entry of a statement in item 18 of his DD Form 214 to show he honored the terms of his enlistment contract by completing his term of enlistment. Therefore, it would be appropriate to add the following statement to item 18 of his DD Form 214 "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following statement "SOLDIER HAS COMPLETED FIRST FULL TERM OF SERVICE" to item 18 of his DD Form 214.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to change the date he entered military service.
_______ _ 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) AR20110000645
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ABCMR Record of Proceedings (cont) AR20110000645
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