IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120007407
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 (Report of Separation from Active Duty) for the period ending 1 March 1977 to show he entered active duty on 7 May 1975 instead of 8 May 1975.
2. He states his enlistment paperwork was altered. He states he entered the U.S. Army at the Armed Forces Examining and Entrance Station (AFEES) in Chicago, IL on 7 May 1975 with John R*** and they flew together to basic training at Fort Ord, CA.
3. He provides his DD Form 214, enlistment documents, and the shot record of John R***.
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's records contain a DD Form 4 (Enlistment Contract - Armed Forces of the United States) showing he enlisted in the U.S. Army Reserve (USAR) Control Group (Delayed Entry) on 20 March 1975. Item 56 (Remarks) of this form contains the entry "DELAYED FROM ENTRY INTO ACTIVE DUTY UNTIL 08MAY75." This form also contains the applicant's initials and signature in the appropriate locations on the form authenticating the information contained on the form.
3. His records contain a second DD Form 4 showing he enlisted in the Regular Army on 8 May 1975 for a period of 3 years. Item 49 (Prior Service) of this form shows he was in the USAR during the period 20 March 1975 through 7 May 1975.
4. AFEES Special Orders, dated 8 May 1975, stated he enlisted in the U.S. Army on the date of the orders and was thereby assigned to active duty.
5. His DA Form 2-1 (Personnel Qualification Record) shows he entered active duty on 8 May 1975.
6. He was honorably discharged from active duty on 1 March 1977. He completed 1 year, 9 months, and 24 days of active service. His DD Form 214 shows he entered active duty on 8 May 1975.
7. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The Board starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. All enlistment documents, other documents containing his date of entry on active duty, and his DD Form 214 show he enlisted in the Regular Army and entered active duty on 8 May 1975. Therefore, there is an insufficient 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) AR20120007407
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ABCMR Record of Proceedings (cont) AR20120007407
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