IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110024613
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, in effect, that his date of entry be changed to 20 May 1975.
2. The applicant states he believes his service start date should be 20 May 1975 not 24 June 1975.
3. The applicant provides no supporting documentation.
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 enlisted in the Army Reserve (USAR) on 20 May 1975 under the delayed enlistment program (DEP).
3. He entered active duty, in the Regular Army, on 24 June 1975, completed training, and was awarded the military occupational specialty 13B (Field Artillery Crewman).
4. On 27 February 1976, he received an honorable discharge under Army Regulation 635-200, paragraph 6-4b for hardship.
5. The applicant's DD Form 214 shows at:
a. item 15 (Date Entered Active Duty (AD) This Period), 24 June 1975;
b. item 18a (Net Active Service This Period), 8 months and 4 days;
c. item 18b (Prior Active Service), none;
d. item 18c (Prior Inactive Service), none; and
e. item 18d (Total Service for Pay), 8 months and 4 days.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and, as then in effect, stated:
a. the entry for item 15 is the beginning date of the continuous period of AD for issuance of this DD Form 214;
b. at the time of the applicant's separation there was no specific reference in the regulation to including DEP time on the DD Form 214;
c. item 18e (Total Service for Pay) is calculated by adding items 18c and 18d; and
c. the current regulation states DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in the prior inactive service block. However, it is creditable service for completing the statutory MSO, and will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. Based on the way the applicant stated his request it is difficult to determine if he is requesting that his item 15 (Date Entered Active Duty This Period) be changed or that his DEP time be recorded, at item 18d, and added to the total service entry at item 18e. The applicant's request is considered to be in effect a request to change the date of entry at item 15 to 20 May 1975.
2. The applicant enlisted in the USAR on 20 May 1975 under the DEP, for 35 days, before entering active duty in the Regular Army on 24 June 1975. The item 15 entry is specifically for recording the date of entry onto active duty. Therefore, changing this entry is not appropriate.
3. At the time of the applicant's discharge DEP was creditable for longevity pay and should have been included on a DD Form 214 as prior inactive service and added to active service time to reflect his total service for pay (item 18e).
4. Therefore, it is appropriate to correct the DD Form 214 to show at item 18d 1 month and 5 days and at item 18e to show 9 months and 9 days.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 correcting applicant's DD Form 214 in item 18d to show 1 month and 5 days and item 18e to show 9 months and 9 days.
2. The Board further determined that the evidence presented is 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 correcting the date of entry onto active duty (item 15).
_______ _ _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) AR20110024613
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ABCMR Record of Proceedings (cont) AR20110024613
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