DOCKET NUMBER: AR20090003345 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 the entry date in Item 15 (Date Entered Active Duty This Period) of her 28 February 1979 DD Form 214 (Report of Separation from Active Duty) be corrected to show she entered active duty in 1975 and not 1976, as is currently listed. 2. The applicant states, in effect, that the 28 December 1976 date of entry on active duty listed on her DD Form 214 of 28 February 1979 is incorrect and that it should instead reflect the date 26 December 1975. 3. The applicant provides her DD Form 214 in support of her application. 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 Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), which shows she initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 4 August 1976, that she was discharged from the DEP on 27 December 1976, and that she enlisted in the Regular Army (RA) for 3 years on 28 December 1976. 3. The applicant's OMPF also contains Armed Forces Examining and Entrance Station (AFEES) Enlistment/Travel Order Number 258-11, dated 28 December 1976, which shows the applicant's enlistment date in the RA as 28 December 1976. 4. On 28 February 1979, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 she was issued at the time shows, in Item 18c (Total Active Service) that she had completed a total of 2 years, 2 months, and 1 day of active military service during the period covered by the DD Form 214 (28 December 1976 – 28 February 1979). Item 18d (Prior in Active Service) shows she completed a total of 4 months and 24 days of prior inactive service. 5. Army Regulation 635-5 (Separation Documents) prescribes 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 preparation instructions for the DD Form 214. The instructions for Item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added). The regulation states, in pertinent part, that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that the date of entry of 28 December 1976, listed on her DD Form 214 is incorrect and should instead show 26 December 1975, was carefully considered. However, there is insufficient evidence to support this claim. 2. The evidence of record confirms the applicant initially enlisted in the DEP and entered a USAR inactive status on 4 August 1976. It also confirms she was discharged from the DEP on 27 December 1976 and enlisted in the RA and entered active duty on 28 December 1976, as evidenced by the DD Form 4 and AFEES enlistment orders on file in her OMPF. Therefore, there appears to be no error in the entry date listed on her DD Form 214 and as a result, there is an insufficient evidentiary basis to support granting the requested relief. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 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) AR20090003345 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003345 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1