IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140003343
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) to show he entered active duty on 2 January 1975.
2. The applicant states his DD Form 214 does not show his original entry date of 2 January 1975.
3. The applicant provides his DD Forms 214 for the periods ending 29 January 1979 and 28 March 1984.
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 enlisted in the U.S. Army Reserve (USAR) on 23 October 1974. His record contains a DD Form 214 showing he entered active duty for initial entry training at Fort Jackson, SC on 29 November 1974, and he was honorably released from active duty on 8 May 1975 after completing 5 months and 10 days of total active service.
3. He was called to active duty on 11 August 1977. He provides two DD Forms 214 which show he served on active duty in the Regular Army from:
* 11 August 1977 to 29 January 1979
* 30 January 1979 to 28 March 1984
4. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.
5. Prior to 1 October 1979, a DD Form 214 was prepared for enlisted members who were discharged for immediate reenlistment in the Regular Army. This policy was discontinued effective 1 October 1979.
DISCUSSION AND CONCLUSIONS:
1. His records show that he enlisted in the USAR on 23 October 1974. He subsequently completed his initial active duty training during the period
29 November 1974 to 8 May 1975 for which he was issued a DD Form 214. His record is void, and he did not provide, any documentation which corresponds to the entry date of 2 January 1975 as requested by the applicant.
2. Based on the available evidence, he is not entitled to the relief he has requested. However, as an administrative action he should be provided a copy of his DD Form 214 for the period ending 8 May 1975 for his personal records.
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) AR20140002578
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140003343
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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