BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120006083
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 entry date on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 January 1980.
2. The applicant states he was in the Delayed Entry Program (DEP) and his date of entry should be 28 December 1975.
3. The applicant provides his DD Form 214.
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 DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve DEP on 27 January 1976.
3. He was discharged from the DEP on 29 January 1976 and enlisted in the Regular Army on 30 January 1976.
4. On 29 January 1980, he was released from active duty (AD). He was issued a DD Form 214 for this period of service.
a. Item 12a (Date Entered AD This Period) indicates he entered AD on
30 January 1976.
b. Item 12e (Total Prior Inactive Service) indicates he had 3 days of prior inactive service.
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.
a. The beginning date of the enlistment period or tour of AD was to be entered in item 12a.
b. Any prior inactive service was to be entered in item 12e.
DISCUSSION AND CONCLUSIONS:
1. He enlisted in the DEP on 27 January 1976. However, he did not enter AD until 30 January 1976. Therefore, the entry in item 12a of his DD Form 214 is correct.
2. The 3 days he was in the DEP is accounted for in item 12e of his
DD Form 214.
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) AR20120006083
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ABCMR Record of Proceedings (cont) AR20120006083
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