BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130016458
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 (Certificate of Release or Discharge from Active Duty) and discharge orders to show he served 20 years of active service.
2. The applicant states his 1 year of service in the Delayed Entry Program (DEP) and 1 year of transition/outprocessing are not reflected on his DD Form 214 and discharge orders.
3. The applicant provides copies of his DD Form 214 and separation orders.
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 was 18 years of age at the time he enlisted in the U.S. Army Reserve on 9 July 1980 for a period of 6 years under the DEP. He was discharged from the DEP for the purpose of immediate enlistment in the Regular Army. He enlisted in the Regular Army on 26 August 1980 for a period of 3 years.
3. He continued to serve through a series of reenlistments and was promoted to pay grade E-6 on 9 October 1987. He served overseas tours in Germany and Korea and he deployed to Saudi Arabia during the period 26 January to 19 May 1991.
4. On 27 June 1997, he was honorably retired by reason of temporary physical disability. On 28 June 1997, he was placed on the Temporary Disability Retired List (TDRL). He completed 16 years, 10 months, and 2 days of active service and 1 month and 17 days of inactive service in the DEP.
5. On 29 September 2000, he was removed from the TDRL and was permanently retired on 30 September 2000 with a 70-percent disability rating.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. Information entered on the DD Form 214 will be obtained from documents contained in official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show 20 years of active service was carefully considered and appears to lack merit.
2. The applicant enlisted in the Regular Army on 26 August 1980 and served on active duty until he was retired on 27 June 1997 and was placed on the TDRL on 28 June 1997, which amount to 16 years, 10 months, and 2 days of active service.
3. Therefore, since the applicant has not provided sufficient evidence to show he had active service which is not reflected on his DD Form 214, there appears to be no basis to grant his request to add additional service to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130016458
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