IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003091 


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 (Report of Separation from Active Duty) for the period ending 3 September 1974 to show the date of his entry on active duty as 4 September 1969.

2.  The applicant states he had a delayed entry of 120 days and he went to basic training on 9 January 1970.

3.  The applicant provides a copy of his DD Form 214 for the period ending
3 September 1974 and his orders assigning him to his basic training company with a reporting date of 9 January 1970.

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 record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States) that shows he enlisted in the U.S. Army Reserve (USAR) on 16 September 1969 for a period of 6 years.  He was initially assigned to the USAR Control Group (Delayed Entry).

3.  A subsequent DD Form 4 shows the applicant enlisted in the Regular Army (RA) on 2 January 1970 for a period of 3 years for training in Army Career Group 63 (Automotive Maintenance).

4.  Special Orders Number 5, issued by the U.S. Army Reception Station, Fort Lewis, WA, dated 9 January 1970, directed the applicant to report to Company B, 3rd Battalion, 2nd Brigade for basic combat training.

5.  On or about 6 March 1970, the applicant completed his initial training and he was enrolled in advanced individual training for training as a wheeled vehicle repairman.  He completed this course and he was awarded military occupational specialty 63B.

6.  On 21 July 1970, the applicant was advanced to the rank/grade of specialist four (SP4)/E-4.

7.  A DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) for the period ending 3 September 1970 shows the applicant was discharged for the purpose of immediate reenlistment.  This form shows in:

	a.  Item 16c (Date of Entry) the entry 2 January 1970, and

	b.  Item 11d (Effective Date (of discharge)) the entry 3 September 1970.

8.  A DD Form 4 shows the applicant reenlisted in the RA on 4 September 1970 for a period of 4 years for assignment to Europe.

9.  On 10 November 1971, the applicant was promoted to specialist five (SP5)/
E-5.

10.  On 30 October 1973, the applicant completed his tour of duty and he departed Europe en route to his follow on assignment at Fort Lewis.  On
4 December 1973, he was assigned to the 58th Signal Battalion.

11.  On 3 September 1974, the applicant was honorably released from active duty due to completion of required active service and he was transferred to the USAR Control Group (Standby) to complete his remaining Reserve obligation.  


His DD Form 214 for this period of active service shows in:

	a.  Item 15 (Date Entered Active Duty This Period) the entry 700904
(4 September 1970)

	a.  Item 18a (Net Active Duty Service this Period) the entry 4 years and 1 day;

	b.  Item 18b (Prior Active Service) the entry 8 months and 2 days;

	c.  Item 18c (Total Active Service) the entry 4 years, 8 months, and 3 days;

	d.  Item 18d (Prior Inactive Service) the entry 3 months and 16 days; and

	e.  Item 18e (Total Service for Pay) the entry 4 years, 11 months, and
19 days.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.

	a.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.

	b.  It provided a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

	c.  It provided for the issuance of a DD Form 214 at the time of each immediate reenlistment.

	d.  It stated for item 15, enter the date entered on active duty or date enlistment or reenlistment was accomplished.  The date to be entered in this item will be the earliest date not previously covered by a DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending
3 September 1974 should be corrected to show he entered the Army on
4 September 1969.  He states his entry was delayed 120 days and then he went to basic training on 9 January 1970.

2.  The evidence of record clearly shows the applicant enlisted in the USAR on 16 September 1969 under the Delayed Entry Program and he subsequently entered active duty approximately 120 days later on 2 January 1970.  He remained on active duty until his release from active duty on 3 September 1974.

3.  A review and comparison of the applicant's DD Forms 4 and DD Forms 214 revealed no discrepancies.  It appears that the data has been accurately recorded without error or injustice.

4.  There is no evidence of record showing that the applicant had any active duty from 4 through 15 September 1969.

5.  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)                                         AR20110003091



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ABCMR Record of Proceedings (cont)                                         AR20110003091



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