BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110009738
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 the date entered active duty shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states he entered the U.S. Army in March 1976 and the date of entry shown on his DD Form 214 is incorrect.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 enlisted in the U.S. Army Reserve on 11 April 1977. He was discharged on 12 April 1977 to enlist in the Regular Army (RA).
3. A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows the applicant enlisted in the RA for a period of 3 years on 13 April 1977.
4. Armed Forces Examining and Entrance Station, Oklahoma City, Oklahoma, Enlistment/Travel Order Number 75-2, shows the applicant enlisted in the RA on 13 April 1977.
5. Headquarters, U.S. Army Armor Center and Fort Knox, Kentucky, Orders
91-14, dated 9 May 1977, discharged the applicant from the RA on 10 May 1977.
6. The applicant's DD Form 214 shows in:
a. item 9, block d (Effective Date), "77 05 10 [i.e., 10 May 1977];
b. item 15 (Date Entered Active Duty This Period), "77 04 13 [i.e., 13 April 1977];
c. item 18 (Record of Service), block a (Net Active Service This Period),
28 days;
d. item 27 (Remarks), the applicant requested a copy of the DD Form 214; and
e. item 29 (Signature of Person Being Separated), he placed his signature on the document.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's discharge, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214.
a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions for item 15 state enter the beginning date of the enlistment period or tour of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the date he entered active duty that is shown on his DD Form 214 should be corrected to show he entered active duty this period on an unspecified date in March 1977.
2. The governing regulation states that the entry in item 15 will be the beginning date of the enlistment period or tour of active duty.
3. The applicant enlisted in the RA on 13 April 1977.
4. The applicant's DD Form 214 shows his period of active duty service from
13 April 1977 through 10 May 1977. It also shows his net active service for the period covered. Thus, the applicant's DD Form 214 correctly shows the period of his creditable military service.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110009738
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ABCMR Record of Proceedings (cont) AR20110009738
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