RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070015603 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 25 June 1978 to show he entered active duty on 2 September 1977.

2.  The applicant states, in effect, that the date he entered active duty should be 2 September 1977 instead of 31 March 1978.  

3.  The applicant provides a copy of a memorandum awarding him the Armed Forces Reserve Medal; his DD Form 214 for the period ending 25 June 1978; and his Chronological Statement of Retirement Points.

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 U.S. Army Reserve (USAR) on 2 September 1977.  He was ordered to active duty for training (ADT) on 31 March 1978 and was released from ADT on 25 June 1978.  On the following date, he was transferred back to his Reserve unit.  

3.  His DD Form 214 for the period ending 25 June 1978 shows he entered active duty on 31 March 1978.  He completed 2 months and 25 days of active service and 6 months and 29 days of inactive duty service.  

4.  A memorandum, dated 25 September 1989, from Headquarters, 1st Special Forces Battalion (Airborne), Newburgh, New York, show the applicant was awarded the Armed Forces Reserve Medal for the period 1 September 1977 to 31 August 1987.

5.  The applicant’s Chronological Statement of Retirement Points shows his retirement year beginning date as 2 September 1977.  
6.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In the version in effect at the time, it directed that the date entered active duty would be entered in item 15 (Date Entered Active Duty This Period) of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Chronological Statement of Retirement Points shows his retirement year beginning date as 2 September 1977, which is the date he enlisted in the USAR.

2.  The DD Form 214 is meant to reflect the date of entry on active duty for the current period.  The applicant’s DD Form 214 properly reflects his date of entry on active duty as 31 March 1978.  Therefore, there is no basis for correcting his DD Form 214 for the period ending 25 June 1978 to show he entered active duty on 2 September 1977.

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


INDEX

CASE ID
AR20070015603
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.