BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140005530
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 dates of service.
2. The applicant states his dates of enlistment and discharge are incorrect.
3. The applicant provides no supporting documentation.
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 under the Delayed Entry Program (DEP) on 14 September 1990 with an 8-year service obligation.
3. On 27 November 1990, he enlisted in the Regular Army and entered active duty, completed training, and was awarded military occupational specialty (MOS) 91B (Medical Specialist), with reenlistments on 28 March 1994, 11 September 1995, and 19 November 1996.
4. The applicant was honorably discharged on 22 January 1999 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 18 for failure to meet body fat standards. He was not transferred to the Individual Ready Reserve, pursuant to Army Regulation 635-200, paragraph 1-36, and there is no evidence of any subsequent service.
6. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the following:
* entry onto active duty on 27 November 1990
* separation from active duty on 22 January 1999
* 8 years, 1 month, and 26 days of creditable active service
* no prior active or inactive service
* no Reserve obligation
* at block 18, a period of DEP from 14 September 1990 through 26 November 1990
7. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in the block for inactive service. However, it is creditable service for completing the statutory mandatory service obligation and will be entered in block 18.
DISCUSSION AND CONCLUSIONS:
The applicant has not provided and the record does not contain any evidence to show his periods of service to be incorrect as shown on his DD Form 214 nor has he provided any evidence or indication of what dates he alleges he served that are not reflected on his DD Form 214. Therefore, there is no relief warranted.
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) AR20140005530
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