IN THE CASE OF: BOARD DATE: 6 January 2011 DOCKET NUMBER: AR20100020359 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that he entered active duty in October 1979 under the delayed entry program. 2. The applicant states that his DD Form 214 does not reflect the fact that he enlisted in 1979 and the Department of Veterans Affairs (VA) does not have information relating to his reenlistment in Germany in 1983. 3. The applicant provides a copy of his DD Form 214. 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 was born on 9 July 1944 and was inducted on 10 February 1964 and served as a bandsman until he was honorably released from active duty (REFRAD) at Fort Hood, Texas on 9 February 1966 due to the expiration of his term of service (ETS). 3. On 8 May 1979, he enlisted in the United States Army Reserve (USAR) under the delayed entry program (DEP) and on 7 June 1979 he enlisted in the Regular Army for a period of 4 years. 4. On 31 May 1983, he reenlisted for a period of 6 years and served until he was honorably discharged on 7 March 1986 due to a Department of the Army imposed bar to reenlistment. His DD Form 214 issued at the time of his discharge shows that he entered active duty this period on 31 May 1983, that he had served 2 years, 9 months, and 6 days of service this period and that he had served 5 years, 11 months, and 24 days of prior active service and 4 years and 29 days of inactive service. 5. A review of his records and his DD Form 214 shows that all of his service is accounted for on his DD Form 214 dated 7 March 1986. 6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. Prior to 1 October 1979 a DD Form 214 was issued for each enlistment and upon immediate reenlistment. Effective 1 October 1979, that regulation changed and provided that a DD Form 214 would no longer be issued for immediate reenlistments unless there was period of separation of more than 24 hours in duration. DISCUSSION AND CONCLUSIONS: 1. The applicant’s DD Form 214 properly reflects all of the applicant’s service, both active and inactive, and there appears to be no basis to alter that document. 2. The applicant’s records also documents his service and is available to the VA should the Department need to further verify his service. 3. Accordingly, in the absence of evidence to show otherwise, there is no basis to alter a properly-prepared DD Form 214 when all of his service is reflected on the form as it now exists. 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) AR20100020359 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100020359 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1