BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150001176
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, in effect, correction of item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) to show the date he entered into the U.S. Army Reserve (USAR) Delayed Entry Program (DEP).
2. The applicant states, in effect, that he enlisted into the DEP in October 1971 and his DD Form 214 does not reflect this time. For his daughter's sake, he would like to have his DD Form 214 corrected to accurately depict this time.
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 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. His record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States), signed by the applicant on 3 April 1972, which shows the following information:
* Item 4 (Branch/Class and Component): "USAR"
* Item 6 (Date of Enlistment/Induction): "72 APR 03"
* Item 7 (Term of Enlistment/Induction): "6 years"
* Item 42 (BPED/PEBD [Pay Entry Basic Date]): "72 APR 03"
* Item 48 (not titled): "USAR CONTROL GROUP (DEP)"
* Item 56 (Remarks): "DD Form 44 [Military Status of Individual] Forwarded 3 April 1972" and "Delayed From Active Duty Until 28 April 1972"
3. His record contains a second DD Form 4, signed by the applicant on
18 April 1972, which shows the following information:
* Item 4 (Branch/Class and Component): "RA"
* Item 6 (Date of Enlistment/Induction): "72 APR 18"
* Item 7 (Term of Enlistment/Induction): "3 years"
* Item 39 (BASD/ADBD [Basic Active Service Date]): "72 APR 18"
* Item 42 (BPED/PEBD): "72 APR 03"
* Item 48 (not titled): "Enlisted for U.S. Army Europe - ACGP 13 Artillery"
* Item 49 (Prior Service): "USAR (No Active Federal Service)"
* Item 56 (Remarks): "DD Form 53 [Notification of Entry into Active Military Service] Forwarded 18 April 1972"
4. Special Orders Number 065 Extract, issued by the Armed Forces Examining and Entrance Station (AFEES), Phoenix, Arizona on 3 April 1972, assigned him to the U.S. Army Reserve (USAR) Control Group (Delayed Entry) with an effective date of 3 April 1972 and an active duty report date of 28 April 1972.
5. Special Orders Number 077 Extract, issued by AFEES, Phoenix, Arizona on 18 April 1972, discharged him form the USAR Control Group (Delayed Entry) effective 17 April 1972 for an immediate enlistment into the Regular Army.
6. He enlisted in the Regular Army on 18 April 1972.
7. His DD Form 214 shows he was honorably discharged from active duty on
15 June 1972. He competed 1 month and 28 days of total active service and 15 days of prior inactive service, totaling 2 months and 13 days of total service for pay time.
8. There is no evidence in his record nor has he provided evidence that shows he enlisted in the DEP circa October 1971.
9. Army Regulation 635-5 (Separation Documents) in effect at the time, stated to enter the date the service member entered active duty for the period of service covered by the DD Form 214. At the time DEP service was listed as prior inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show the time he spent in the DEP was carefully considered.
2. The evidence shows he enlisted in the USAR DEP on 3 April 1972 and remained in a DEP status until his release on 17 April 1972. He enlisted in the Regular Army and entered active duty on 18 April 1972 and his DD Form 214 correctly shows this.
3. The regulatory guidance states that DEP time would be listed as prior inactive service time. Accordingly, his DEP time is properly depicted on his DD Form 214; therefore, there is no basis to change his DD Form 214 and there is no basis to grant his 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) AR20140000248
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