IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140003300
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 item 9d (Effective Date) and item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states:
* his date of entry should be in September 1974
* his separation date should be 24 December 1974
* he graduated from basic training
* he received his high school diploma
* he served on active duty for more than 90 days
* he received the National Defense Service Medal
3. The applicant provides:
* DD Form 214
* DA Form 2-1 (Personnel Qualification Record Part II)
* service medical records
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) on 24 October 1974 for a period of 6 years under the Delayed Entry Program (DEP). He was discharged from the USAR DEP on 4 November 1974 for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 5 November 1974 for a period of 3 years.
3. On 19 December 1974, he was honorably discharged under the provisions of a Department of the Army Message, dated 1 August 1973, subject: Evaluation and Discharge of Enlistees Before 180 Active Duty Days.
4. His DD Form 214 shows:
* he entered active duty on 5 November 1974
* he was credited with 10 days of inactive service (USAR service from 24 October 1974 to 4 November 1974)
* he completed 1 month and 15 days of active service
* he was separated on 19 December 1974
5. His records show he was discharged in his fifth week of basic combat training (BCT).
6. There is no evidence of record showing he served on active duty after 19 December 1974.
7. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated for:
* item 9d enter the effective date of separation
* item 15 enter the date the Soldier entered active duty
8. Army Regulation 140-1 (Army Reserve Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR. 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. 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. The evidence of record does not support the applicant's contention that he completed BCT. The evidence shows he was discharged in his fifth week of BCT.
2. His contention that he served on active duty for more than 90 days was noted. However, the evidence shows he completed 1 month and 15 days (45 days) of active service.
3. Although he contends his date of entry should be in September 1974, his enlistment contract shows he enlisted in the USAR under the DEP on 24 October 1974. Soldiers in the DEP are not on active duty.
4. The evidence of record shows he enlisted in the RA on 5 November 1974 and he was discharged on 19 December 1974, which is properly shown on his DD Form 214. His prior USAR service from 24 October 1974 to 4 November 1974 is also properly reflected on this DD Form 214.
5. There is no evidence of record showing he served any period of active service after 19 December 1974.
6. Based on the foregoing, there is no basis for granting the applicant's request to amend items 9d and 15 of 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) AR20140003300
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ABCMR Record of Proceedings (cont) AR20140003300
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