BOARD DATE: 1 February 2011 DOCKET NUMBER: AR20100019038 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 item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 March 1982 be corrected. 2. The applicant states his date of entry shown on this DD Form 214 is a mistake. 3. The applicant provides no documentary evidence in support of his application. 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 Regular Army (RA) on 24 June 1976 for a period of 3 years. On 27 March 1979, he was honorably discharged. 3. The available records do not contain a DD Form 214 covering the period 24 June 1976 through 27 March 1979. 4. He reenlisted on 28 March 1979 for a period of 3 years. His enlistment contract shows he had 2 years, 9 months, and 4 days of previous military service. On 24 March 1982, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 5. Item 12a of his DD Form 214 for the period ending 24 March 1982 shows the entry "82 03 24" [23 March 1982]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years, 9 months, and 4 days of prior active service. 6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued. It also states that for item 12d (Total Prior Active Duty), enter the total amount of prior active military service less lost time, if any, from previously issued DD Forms 214. DISCUSSION AND CONCLUSIONS: Evidence shows he enlisted in the RA on 24 June 1976 and was discharged on 27 March 1979. Although there is no DD Form 214 for this period on file in his official military personnel file, administrative regularity is presumed. His period of prior active service (24 June 1976 to 27 March 1979) is properly reflected in item 12d of his DD Form 214 for the period ending 24 March 1982. Therefore, there is no basis for granting his request to amend item 12a of his DD Form 214 for the period ending 24 March 1982. 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) AR20100019038 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100019038 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1