IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120021964
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered on active duty on 25 August 1986 and was released from active duty (REFRAD) on 24 October 1988.
2. The applicant states his DD Form 214 does not reflect the full 2-year enlistment period he enlisted for. He states he enlisted in the U.S. Army Delayed Entry Program (DEP) on 25 August 1986 for eight years in the U.S. Army Reserve (USAR). On 28 October 1986, he requested discharge from the DEP and enlisted in the Regular Army (RA) for a period of 2 years. He further states the employment positions he is applying for require 2 years of active duty service.
3. The applicant provides his DD Form 214 and four pages of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States).
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. On 25 August 1986, the applicant enlisted in the USAR for 8 years in pay grade E-1 in the DEP.
3. On 27 October 1986, the applicant was discharged from the DEP and was accepted for enlistment in the RA for a period of 2 years in pay grade E-2. He enlisted in the RA on 28 October 1986.
4. On 24 October 1988, the applicant was honorably REFRAD. The DD Form 214 he was issued at the time of his REFRAD shows he completed 1 year, 11 months, and 27 days of active service during this period. Item 18 (Remarks) lists his DEP time as 25 August through 27 October 1986.
5. On 25 October 1988, he enlisted in the Pennsylvania Army National Guard and he was assigned to the 108th Combat Support Hospital. On 1 December 1989, the applicant was discharged without personal notice for unsatisfactory participation.
6. The applicant provides four pages of his DD Form 4 and his DD Form 214.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty after completing 90 days or more of continuous active duty time. The regulation also stated for:
* Item 12a (Date Entered Active Duty This Period), enter the beginning date of the continuous period of active duty for issuance of the DD Form 214
* Item 12b (Separation Date This Period), enter the Soldier's transition (separation) date of the continuous period of active duty for issuance of the DD Form 214
* Item 12c (Net Active Service this Period), enter the total amount of service (subtract 12a from 12b), less time lost
8. Army Regulation 635-5 further states DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12c. However, it is creditable service for completing the statutory military service obligation (MSO) and will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. He enlisted in the DEP on 25 August 1986 and he was discharged from the DEP on 27 October 1986. DEP time that began on or after 1 January 1985 is not creditable service for pay purposes; however, it is creditable service for completing the statutory MSO and will be entered in item 18.
2. He enlisted in the RA on 28 October 1986. This is the date he entered active duty. He was released from active duty on 24 October 1988 (a period of 1 year, 11 months, and 27 days). As such, he did not complete the 2 years of active duty service he requests to add to his DD Form 214.
3. The DD Form 4 he provided correctly shows his date of enlistment in the RA which is the date he entered active duty. There is no evidence to support his contention that his DD Form 214 is in error and unjust; therefore, there is no basis for granting the requested relief.
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) AR20120021964
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