IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010643
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 he entered active duty in the U.S. Army on 25 August 1976.
2. The applicant states:
* he entered the Army on 25 August 1976
* his DD Form 214 shows he entered on 29 June 1979
3. The applicant provides a letter from the Department of Veterans Affairs (VA).
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 (USAR) on 23 March 1976. He completed training and was awarded military occupational specialty 31W (Mobile Subscriber Equipment).
3. Item VII (Change of Status) of his DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States) shows he was discharged from the USAR on 24 August 1976 and enlisted in the Regular Army on 25 August 1976. He was honorably discharged on 28 June 1979 for the purposes of reenlistment and was issued a DD Form 214 for this period. He reenlisted on 29 June 1979.
4. On 1 July 1995, the applicant was honorably retired in the rank/grade of sergeant first class/E-7.
5. Item 12a (Dated Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 29 June 1979.
6. Item 12d (Total Prior Active Service) of his DD Form 214 shows he completed 2 years, 10 months, and 4 days of prior active service [25 August 1976 through 28 June 1979].
7. Item 12e (Total Prior Inactive Service) of his DD Form 214 shows he completed 5 months and 2 days of inactive service [23 March 1976 through 24 August 1976].
8. The applicant provides a letter from the VA showing 25 August 1976 as the date he entered active duty.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214.
a. For item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.
b. For item 12d, enter the total amount of prior active military service less lost time, if any, from previously-issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show 25 August 1976 as the date of his entry on active duty was carefully considered.
2. Available records contain a copy of the DD Form 214 for his period of active duty service from 25 August 1976 to 28 June 1979. A copy of this DD Form 214 will be provided to the applicant. Therefore, his previous periods of service in the USAR and Regular Army are captured on his duly-constituted DD Form 214 for the period ending 30 June 1995.
3. In view of the foregoing, there is insufficient evidence to warrant a change to his DD Form 214 for the period ending 30 June 1995.
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 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) AR20110010643
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010643
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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