IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110003491
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 Delayed Entry Program (DEP) date and his entire military service up through his retirement date.
2. He states the service shown on his discharge document is not accurate.
3. He provides a copy of his DD Form 214 for the period ending 31 January 1993.
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. His military personnel records contain a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) that shows he enlisted in the U.S. Army Reserve (USAR) in the DEP on 20 June 1972. He was released from DEP status and enlisted in the Regular Army (RA) on 15 August 1972 for a period of 3 years.
3. A DD Form 214 for the period ending 30 July 1975 shows he was honorably discharged for the purpose of immediate reenlistment in the RA. This form also shows he had 2 years, 11 months, and 16 days of net active service; and 1 month and 25 days of prior inactive service for that period.
4. He reenlisted in the RA for a period of 6 years on 31 July 1975, and he continued to serve on active duty (AD) in the RA until he was honorably retired on 31 January 1993.
5. His DD Form 214 for the period ending 31 January 1993 shows he entered AD on 31 July 1975 and had completed 17 years and 6 months of active service during the period covered by the DD Form 214; 2 years, 11 months, and 16 days of prior active service; and 1 month and 25 days of prior inactive service on the date of his retirement. Item 18 (Remarks) lists his periods of immediate reenlistments as follows:
* 31 July 1975 to 7 June 1981
* 8 June 1981 to 2 April 1984
* 3 April 1984 to 23 February 1987
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), with an effective date of 1 October 1979, ended the need to prepare the DD Form 214 for enlisted members who were discharged for immediate reenlistment in the RA.
7. Army Regulation 635-5, in effect at the time the applicant was honorably retired on 31 January 1993, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contained guidance on the preparation of the DD Form 214.
8. Table 2-1 (DD Form 214 Preparation Instructions) of the same regulation contained item-by-item instructions for completing the DD Form 214. The
instructions for item 12 (Record of Service) stated to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein.
a. Block a (Date Entered AD This Period) stated to enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued under paragraph 1-4b(5).
b. Block b (Separation Date This Period) stated to enter the separation date this period.
c. Block c (Net Active Service This Period) stated to enter the amount of service that period (subtract 12a from 12b).
d. Block d (Total Prior Active Service) stated to enter the total amount of prior active military service less lost time, if any. If there was no prior active service, enter "00 00 00."
e. Block e (Total Prior Inactive Service) states to enter the total amount of prior inactive service, less lost time, if any. DEP time which began on or after 1 January 1985 was not creditable service for pay purposes and would not be entered in this block, but it was creditable service towards the fulfillment of the statutory military service obligation date in item 12, block i.
9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the DEP of the USAR on 20 June 1972. He was released from DEP status and enlisted in the RA on 15 August 1972 for a period of 3 years.
2. He was honorably discharged on 30 July 1975 for the purpose of immediate reenlistment in the RA on 31 July 1975. The DD Form 214 for this period of service correctly reflects the 1 month and 25 days he was in a DEP status.
3. The evidence of record shows that Army Regulation 635-5, in effect at the time of the applicant's discharge, prescribed that a DD Form 214 must be prepared for individuals on discharge for immediate reenlistment.
4. On 31 January 1993, he was honorable retired. The DD Form 214 for this period of service also correctly shows the date entered active duty as 31 July 1975, since he was issued a DD Form 214 for the period ending on 30 July 1975. He had 1 month and 25 days of prior inactive service, which was his period of service in the DEP of the USAR.
5. In view of the foregoing, his records are correct as shown and as such, there is no effective relief which can be provided in this case.
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) AR20110003491
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ABCMR Record of Proceedings (cont) AR20110003491
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