BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130004453
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) to show all of his service in the U.S. Army Reserve (USAR) and Regular Army.
2. The applicant states his DD Form 214 does not show his service in the USAR and his time in the Regular Army is wrong. His DD Form 214 shows his service from 9 January 1975 through 15 December 1976. He indicates he entered the service in 1974 and was discharged in 1976.
3. The applicant provides a letter from the Department of Veterans Affairs, dated 15 February 2013.
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 initial enlistment contract shows he enlisted in the USAR under the Delayed Entry Program (DEP) on 5 December 1974 for a period of 6 years with an obligation to enlist in the Regular Army on 9 January 1975.
3. The applicant's subsequent enlistment contract shows he enlisted in the Regular Army on 9 January 1975 for a period of 2 years. He was released from active duty (REFRAD) on 15 December 1976 and transferred to the USAR Control Group (Annual Training) to complete his remaining military service obligation.
4. His DD Form 214 shows in:
* item 9d (Effective Date) "76 12 15 [15 December 1976]"
* item 13 (Terminal Date of Reserve/Military Statutory Service Obligation) "80 12 04 [4 December 1980]"
* item 15 (Date Entered Active Duty This Period) "75 01 09 [9 January 1975]"
* item 18a (Net Active Service This Period) "01 11 07 [1 year, 11 months, and 7 days]"
* item 18d (Prior Inactive Service) "00 01 04 [1 month and 4 days]"
5. Reserve Components Personnel and Administration Center
Orders 11-1077734, dated 26 November 1980, show he was honorably discharged from the USAR on 4 December 1980.
6. 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 (DEP) consists of personnel who have enlisted in the DEP under a contract to subsequently enlist in the Regular Army. They are in a non-pay status and will not take part in Reserve training.
7. Army Regulation 635-5 (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 preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a record of an individual's active duty service at the time of his or her REFRAD. The applicant's DD Form 214 shows he entered active duty on 9 January 1975 and was REFRAD on 15 December 1976. He was credited with 1 year, 11 months, and 7 days of active duty service and 1 month and 4 days of USAR service at the time of his REFRAD.
2. Although he contends his DD Form 214 does not show his total USAR and Regular Army service, his initial enlistment contract shows he enlisted in the DEP on 5 December 1974 for a total service obligation of 6 years. Soldiers in the DEP are not serving on active duty or receiving active duty service credit. The evidence of record shows he enlisted in the Regular Army on 9 January 1975 which is properly shown in item 15 of DD Form 214. His prior USAR service from 5 December 1974 through 8 January 1975 (1 month and 4 days) is properly recorded in item 18d of this DD Form 214. Upon completion of his active duty service, he was transferred to the USAR to complete his remaining military service obligation. Orders show he was discharged from the USAR on 4 December 1980 at the completion of his 6-year service obligation. Therefore, there is no basis on which to correct 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 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) AR20130004453
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