IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080010868 


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, that Item 12a, Date Entered Active Duty This Period, of his separation document (DD Form 214), be corrected from 10 April 1975 to 27 February 1973.

2.  The applicant states that since he enlisted on 27 February 1973, he should have been given an early retirement so he is now “missing out on all that retirement pay.”

3.  The applicant does not provide any additional documents in support of his request.

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 military records show that he enlisted in the Regular Army on 27 March 1973, was promoted to pay grade E-4, and was honorably discharged on 9 April 1975 and reenlisted the following day.  He had 2 years and 13 days of active service during that period.  He was issued a DD Form 214 at that time.

3.  The applicant served continuously and was promoted to pay grade E-5.  On 20 February 1985, the applicant was honorably discharged due to locally imposed bar to reenlistment.  He had 9 years, 10 months, and 11 days of active service during that period.

4.  HQDA Message 070001Z January 1992 announced the implementing instructions for the FY92 enlisted voluntary incentive program.  Category 2 applied to sergeants on a promotion list with 12 or more years of service as of 31 December 1991 in any MOS.  Approval authority was the first colonel in the chain of command.  The application window was established as 7 January 1992 through 29 February 1992.  Additionally, HQDA Message 281802Z January 1992 clarified the application procedures for individuals who applied for separation under the voluntary incentive program at the same time his/her records were being reviewed by a DA board for possible selection for the QMP.  The message noted that if otherwise qualified, a soldier could be separated under the voluntary incentive program if his/her request was approved prior to the date of his/her QMP selection memorandum.  The message reiterated the deadline for applications under the FY92 voluntary incentive program was 29 February 1992.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 20 February 1985 has the proper date entered in Item 12a.  The applicant’s earlier service is properly recorded in a separate DD Form 214.

2.  While the applicant didn’t request that his records be corrected to show he was given an early retirement, he stated that his request to change his date of entry on active duty was to qualify him for an early retirement.  In this regard, the early retirement program began in 1992.  The applicant was discharged in 1985.

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)                                         AR20080010868



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ABCMR Record of Proceedings (cont)                                         AR20080010868


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