IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130001249
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 From 214 (Report of Separation from Active Duty) to show the date of the date of his entry on active duty as May 1974.
2. The applicant states he entered active duty in May 1974 at the age of 18 years. He had 4 years of service. The date on his DD Form 214 would have been when he was 22 years of age. He further contends that he took basic training at Fort Dix, NJ. He believes there is another DD Form 214.
3. The applicant provides a copy of his DD Form 214 ending on 23 November 1978.
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. A DD Form 4 (Enlistment Contract - Armed Forces of the United States) dated 12 November 1977 shows the applicant enlisted in the Kentucky Army National Guard (KYARNG) for 6 years beginning in the rank of private, pay grade E-1 with no previous service.
3. His DA Form 2-1 (Personnel Qualification Record) for the period 12 November 1977 to 22 January 1979 shows:
a. he was assigned to Fort Dix, NJ from 29 May 1978 to on or about 12 July 1978 for basic combat training;
b. he was assigned to Aberdeen Proving Grounds, MD from 21 July 1978 to on or about 23 November 1978 for advanced individual training;
c. he was awarded military occupational specialty 63F1O (Recovery Specialist) on 23 November 1978; and
d. he was released from active duty training on 23 November 1978 and returned to his KYARNG unit.
4. His DD Form 214, ending on 23 November 1978, shows the applicant was released from active duty. He had completed 6 months and 3 days of active duty service and 6 months and 9 days of prior inactive service, for a total of 12 months and 12 days of service for pay.
5. On 22 January 1979, the applicant was honorably discharged from the KYARNG.
6. A DD Form 4, dated 23 January 1979, shows the applicant enlisted in the Georgia ARNG (GAARNG) for a period of 5 years, beginning in the rank of private, pay grade E-2.
7. The applicant's DA Form 2-1 for his last period of service shows:
a. he enlisted not on active duty on 12 November 1977;
b. he was ordered to active duty on 21 May 1978;
c. he was a recovery specialist with the KYARNG from 23 November 1978 to 21 January 1979;
d. he was discharged from KYARNG on 22 January 1979;
e. he was assigned to the GAARNG as a self-propelled field artillery mechanic from 23 January 1979 to 2 April 1981;
f. he was discharged from the GAARNG on 3 April 1981 and transferred to the U.S. Army Reserve (USAR);
g. he was assigned to the 370th Engineer Battalion, USAR on 4 April 1981; and
h. he was transferred to the Individual Ready Reserve (IRR) on 21 August 1984.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.
a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
b. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he entered active duty in May 1974 and that either his DD Form 214 incorrectly shows his date of entry, or there is another DD Form 214 that is missing.
2. The available evidence clearly shows that the applicant enlisted in the KYARNG in 1977 and was subsequently ordered to active duty for training. He later served in the GAARNG and the USAR. He was ultimately transferred to the IRR.
3. There is no evidence of record showing that the applicant had any service, either active or inactive prior to his enlistment in 1977. It appears that the data on his DD Form 214 has been accurately recorded without error or injustice.
4. In view of the above, the applicants request should be denied.
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) AR20130001249
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ABCMR Record of Proceedings (cont) AR20130001249
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