IN THE CASE OF: BOARD DATE: 24 June 2014 DOCKET NUMBER: AR20130019390 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 change the date he entered active duty from 2 September 1981 to 28 July 1979. 2. The applicant states he enlisted on 28 July 1979 and that date should be shown on his DD Form 214 per his DD Form 2-1 Pesonnel Qualification Record instead of 2 September 1981. 3. The applicant provides copies of his DD Form 214 anditem 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) 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/Reenlistment Document) that shows on 24 August 1979 the applicant enlisted in the U.S. Army Reserve under the Delayed Enlistment Program (DEP). On 27 August 1979, he was discharged from the DEP and enlisted in the Regular Army (RA) on 28 August 1979 for a period of 3 years. A DD Form 4 shows he reenlisted in the RA on 2 September 1981 for period of 6 years. 3. The applicant was discharged on 27 May 1982. Item 12a (Date Entered AD [Active Duty] this Period) of his DD Form 214 shows he entered active duty on 2 September 1981. Item 12d (Total Prior Active Service) shows he completed 2 years and 4 days of prior active service. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It stated for item 12a to enter the beginning date of the enlistment period for which a DD Form 214 was not issued. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show he entered military service on 28 July 1979, not 2 September 1981. 2. There is no available evidence showing the applicant ever entered active duty on 28 July 1979. 3. The available evidence shows the applicant initially enlisted and entered active duty on 28 August 1979. He reenlisted on 2 September 1981. His DD Form 214 properly shows in item 12a the entry 2 September 1981, the date of his last immediate enlistment for which a DD Form 214 was not issued. Item 12d properly shows his 2 years and 4 days of service from his initial enlistment as prior active service. 4. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20110010197 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130019390 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1