IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009363
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 17c (Date of Entry) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 11 October 1971.
2. The applicant states proof of his correct entry date is required for a Department of Veterans Affairs loan.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants 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 official military personnel file (OMPF) contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) which was prepared during his enlistment processing. Item 6 (Date of Enlistment/Induction) contains the entry "71 Oct 12" and he authenticated this document with his signature in Item 57 (Oath of Office) on 12 October 1971.
3. The applicant enlisted in the U.S. Army Reserve (USAR) on 12 October 1971, for a period of 6 years. On 6 January 1972, he was ordered to active duty training (ADT).
4. Upon completion of ADT, the applicant was awarded military occupational specialty 94B. On 6 May 1972, he was released from active duty (REFRAD) to the USAR.
5. The DD Form 214 issued the applicant upon his REFRAD shows he completed 4 months and 1 day of creditable active duty service. Item 17c contains the entry "6 JAN 72." Item 22a(2) (Other Service) shows he had 2 months and 24 days of other service.
6. 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for completing the date entered active duty states to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 17c of his DD Form 214 should be corrected to show he entered active duty on 11 October 1971. There is insufficient evidence to support this claim.
2. By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty and item 17c will list the beginning date of this service. The evidence of record confirms the applicant was ordered to ADT on 6 January 1972 and this is the date listed in item 17c on his DD Form 214.
3. While the evidence of record confirms the applicant enlisted in the USAR on 12 October 1971 vice 11 October 1971, there are no regulatory provisions for listing USAR entry dates on the DD Form 214, except in item 22a(2). Accordingly, there is no basis for granting the requested relief.
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) AR20140009363
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