IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000391
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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1992 be corrected to show 20 July 1970 instead of
15 September 1977.
2. The applicant states:
* the wrong active duty date of 15 September 1977 was posted to his
DD Form 214
* the correct date should be 20 July 1970
* the clerk posted the wrong information to his retirement DD Form 214
3. The applicant provides:
* DD Form 44 (Record of Military Status of Registrant)
* Enlistment contract, dated 20 July 1970
* Orders, dated 20 July 1970
* DA Form 4188 (Military Personnel Office/Finance Office Verification of MPRJ and PFR)
* DD Form 214 for the period ending 31 August 1992
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's enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 20 July 1970.
3. On 24 August 1970, he enlisted in the Regular Army (RA) for a period of
3 years. He was honorably discharged on 13 December 1972 for immediate reenlistment.
4. His DD Form 214 for the period ending 13 December 1972 shows:
* he entered active duty on 24 August 1970
* he had 1 month and 4 days of inactive service (USAR service from
20 July 1970 to 23 August 1970)
5. He reenlisted on 14 December 1972. He was honorably discharged on
14 September 1977 for immediate reenlistment.
6. His DD Form 214 for the period ending 14 September 1977 shows he entered active duty on 14 December 1972.
7. He reenlisted on 15 September 1977 and he remained on active duty through continuous reenlistments until he retired on 31 August 1992 in the rank of sergeant first class.
8. His DD Form 214 for the period ending 31 August 1992 shows in:
* Item 12a he entered active duty on 15 September 1977
* Item 12d (Total Prior Active Service) - he had 6 years, 11 months, and
21 days
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that 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.
10. Army Regulation 140-1 (Army Reserve Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR. It states the USAR Control Group (Delayed Entry) consists of members enlisted under Army Regulation 601-210 (Active and Reserve Components Enlistment Program). They are in a non-pay status and will not take part in Reserve training.
11. The DEP is defined as a program where Soldiers are assigned to the USAR Control Group (Delayed Entry) until they enlist in the Regular Army.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends his date of entry on active duty should be
20 July 1970, his enlistment contract shows he enlisted in the USAR under the DEP on 20 July 1970. Soldiers in the DEP are not on active duty. Evidence of record shows he enlisted in the RA on 24 August 1970 and he was discharged on 13 December 1972, which is properly shown on his DD Form 214 for the period ending 13 December 1972. His prior USAR service from 20 July 1970 to 23 August 1970 is also properly reflected on this DD Form 214. A copy of this DD Form 214 will be provided to the applicant.
2. He immediately reenlisted on 14 December 1972 and he was discharged on 14 September 1977, which is properly shown on his DD Form 214 for the period ending 14 September 1977. A copy of this DD Form 214 will be provided to the applicant.
3. He immediately reenlisted on 15 September 1977 and he retired on
31 August 1992. His periods of prior active service are properly reflected in item 12d of his DD Form 214 for the period ending 31 August 1992. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214 for the period ending 31 August 1992.
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) AR20130000391
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ABCMR Record of Proceedings (cont) AR20130000391
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