IN THE CASE OF:	  

	BOARD DATE:	  31 July 2008

	DOCKET NUMBER:  AR20080004829 


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 reconsideration of the denial of his request to correct Item 15 (Date Entered Active Duty This Period) of his separation document (DD Form 214) to show he entered active duty on 27 April 1974.

2.  The applicant states, in effect, that the Board should reconsider the final decision of his case based on the current documents he submitted that will prove in fact he did enlist into the U.S. Armed Forces and was hospitalized at Fort Leonard Wood, Missouri on the date and time in question.

3.  The applicant provides a copy of a personal statement and an extract of his medical records.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013411, on 5 February 2008.

2.  In its original decision the ABCMR found that the applicant entered active duty on 18 September 1975 and that he did not provide any evidence to show he was in the hospital at Fort Leonard Wood, Missouri from 2 to 9 December 1974.  His available records contain no evidence to show that his date of entry on active duty was incorrect.  As such, there was no basis to support granting the requested relief.
3.  The applicant has provided new evidence which requires that his case be reconsidered by the ABCMR.

4.  The applicant submitted an extract of his medical record as new evidence.  The applicant's medical record does show that his enlistment examination was conducted at the 94th General Hospital, Mesquite, Texas, on 20 April 1974.  The medical records also show that the applicant received treatment at the U.S. Army Reception Station and Troop Medical Clinic #2 at Fort Leonard wood, Missouri, between 2 to 12 December 1974.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, states in pertinent part, that you enter the date entered active duty for this period of continuous active duty in Item 15 of the present DD Form 214, for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration of the denial of his previous request to correct Item 15 of his DD Form 214 to show he entered active duty on 27 April 1974.

2.  The applicant has provided new evidence, which shows he was at the U.S. Reception Station and Troop Medical Clinic #2, Fort Leonard Wood, Missouri between 2 to 9 December 1974.  Although, his medical records show he was at Fort Leonard Wood, Missouri, it does not show he served continuously on active duty starting from 27 April 1974.  Since the applicant was ordered to active duty on 18 September 1975 for 22 months and 23 days, it appears that the applicant was released from active duty in 1974 and returned to his Army Reserve unit.

3.  As such, a presumption of regularity must be applied, that what the Army did was correct.  It is up to the applicant to prove otherwise.  The applicant has not submitted any documentation to overcome the presumption of regularity.  Therefore, he is not entitled to correction of his records to show that he entered active duty on 27 April 1974 in Item 15 of his DD Form 214.



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 to amend the decision of the ABCMR set forth in Docket Number AR20070013411, dated 8 February 2008.




       _    __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)                                         AR20080004829



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ABCMR Record of Proceedings (cont)                                         AR20080004829



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