BOARD DATE: 8 March 2012 DOCKET NUMBER: AR20110018527 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 correction of his DD Form 214 (Report of Separation from Active Duty) to show he entered active duty in Jersey City, NJ, not Newark, NJ, and to show he was discharged on 5 May 1975, not 19 May 1975. 2. The applicant also requests correction of his "current" DD Form 214 to show he is not on active duty. 3. The applicant states his date of discharge is incorrect. He states he is not on active duty despite what his "current" DD Form 214 shows and this needs to be corrected. He states he never reenlisted and his place of entry on active duty wasn't Newark, NJ, it was Jersey City, NJ. 4. The applicant provides his Department of Veterans Affairs (VA) medical card. 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 for a 2-year term on 2 August 1973. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) provides the following information. a. Item 9 (Name and Location of Activity Effecting Enlistment/Reenlistment/ Induction) shows he enlisted at the Armed Forces Examining and Entrance Station (AFEES) in Newark, NJ. b. Item 41 (Home of Record) shows his home of record at the time of enlistment was Jersey City, NJ. 3. Special Orders Number 106, Headquarters, U.S. Army Training Center and Fort Jackson, Fort Jackson, SC, dated 19 May 1975, honorably discharged him effective 19 May 1975. The highest rank/pay grade he achieved while serving on active duty was private first class/E-3. 4. The DD Form 214 he was issued provides the following information. a. Item 8c (Home of Record at Time of Entry into Active Service) shows his home of record as Jersey City, NJ. b. Item 9d (Effective Date) shows he was discharged effective 19 May 1975. c. Item 14 (Place of Entry into Current Active Service (City, State, and Zip Code)) shows he entered active duty in Newark, NJ. d. Item 18c (Record of Service – Total Active Service) shows he completed 1 year, 9 months, and 18 days of total active service during this period. 5. His record does not contain any documentation that indicates he served on active duty in any component at any time following his discharge on 19 May 1975. 6. He provides his VA medical card which contains his name and photograph, but he does not provide any other data relative to his period of service. 7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 214 to show he entered active duty in Jersey City, NJ, not Newark, NJ, and to show he was discharged on 5 May 1975, not 19 May 1975. 2. The evidence of record shows he enlisted at the AFEES in Newark, NJ, and his home of record at the time was Jersey City, NJ. Both items are correctly reflected on his DD Form 214. The evidence further shows he was discharged effective 19 May 1975 and this date is correctly reflected on his DD Form 214. Therefore, the entries on his DD Form 214 are correct, there is no error, and he is not entitled to the requested relief. 3. The applicant further requests correction of his "current" DD Form 214 to show he is not on active duty. The evidence of record does not support the existence of a second DD Form 214; therefore, it cannot be corrected. 4. In view of the foregoing, there is an insufficient basis to grant relief in this case. 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 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) AR20100011932 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110018527 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1