IN THE CASE OF:	  

		BOARD DATE:	  24 April 2014

		DOCKET NUMBER:  AR20130015296 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to provide him with service credit for his time in the Delayed Entry Program (DEP).

2.  The applicant states, in effect, his DEP time would give him at least 24 consecutive months of time on active duty.

3.  The applicant provides no additional evidence.

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 United States Army Reserve (USAR) under the DEP on 27 August 1981.  He enlisted in the Regular Army on 15 September 1981.

3.  On 9 September 1983, the applicant was honorably released from active duty, due to dependency.

4.  His DD Form 214 shows he completed 1 year, 11 months, and 25 days of net active service this period.

5.  The Department of Defense Financial Management Regulation (DODFMR), Volume 7A, states that service in the DEP is not creditable service unless the individual performs inactive duty training before beginning active duty or an initial period of active duty for training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  According to the DODFMR, service in the DEP is not creditable service unless the individual performs inactive duty training before beginning active duty or an initial period of active duty for training.

3.  The applicant did not meet the criteria for crediting him with his DEP service and it was properly not shown on his DD Form 214 as the date he entered on active duty.

4.  In view of the foregoing, his request should be denied. 

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)                                         AR20130015296





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ABCMR Record of Proceedings (cont)                                         AR20130015296



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