ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE: 11 June 2021

		DOCKET NUMBER: AR20210006178


APPLICANT REQUESTS: correction of item 15 (Date Entered Active Duty This Period) 
of his DD Form 214 (Report of Separation from Active Duty) for the period ending 
31 October 1975 to show he entered active duty in November 1971 instead of 
November 1972.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states he is sure he entered active duty in November 1971 and 
reenlisted in November 1972 to make his total commitment 4 years.

3.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he 
enlisted in the Regular Army on 9 November 1972 for a period of 2 years. Item 39 
(Basic Active Service Date) and item 40 (Pay Entry Base Date) show 9 November 1972. 
Item 49 (Prior Service) shows no prior service.

4.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification 
Record – Part II) shows his entry-grade date of rank for private/E-1 as 9 November 
1972. Item 20 (Basic Enlisted Service Date) shows 9 November 1972. Item 27 
(Remarks) contains the entry: "Retained beyond normal discharge for the convenience 
of the Government."

5.  He was honorably released from active duty on 31 October 1975 and transferred to 
the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 
11 months, and 22 days of net active service during this period. Item 15 (Date Entered 
Active Duty This Period) of his DD Form 214 shows 9 November 1972.

6.  Part II (Prior Service Data), item 12b (Date of Entry), of his DA Form 3072 (Request 
for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for 
Personnel Applying from Civilian Life), 10 July 1980, shows 9 November 1972.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is not warranted.

2.  The Board found no evidence in the applicant's service records supporting his claim 
that he enlisted in November 1971.  All available records show his entry date as 
9 November 1972.  Based on a preponderance of evidence, the Board determined the 
entry date recorded on his DD Form 214 is not an error.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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.
	 
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.


REFERENCES:

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 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.

2.  Army Regulation 635-5 (Separation Documents), effective 15 October 1973 and in 
effect at the time of the applicant's release from active duty, prescribed the separation 
documents that are prepared for individuals upon retirement, discharge, or release from 
active military duty. It established standardized policy for preparing and distributing the 
DD Form 214. The general instructions stated all available records would be used as a 
basis for preparation of the DD Form 214, including the DA Form 20 and orders. The 
specific instructions for item 15 stated to enter the date the individual entered this period 
of active duty.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210006178


3
1