IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110022079 


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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty in 2000.

2.  The applicant states:

* the entry date on his DD Form 214 is incorrect
* the year should be 2000 not 2003
* he is filing for Department of Veterans Affairs benefits and needs to have the date corrected

3.  The applicant provides 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's enlistment document shows he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 14 March 2003 with no prior active or inactive service.  On 14 April 2003, he was discharged from the DEP and he enlisted in the Regular Army (RA) for 3 years on 15 April 2003.

3.  On 23 October 2003, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-18, for a physical condition, not a disability.

4.  Item 12a of his DD Form 214 shows the entry "2003  04  15" (15 April 2003).

5.  There is no evidence of record which shows he entered active duty in 2000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his entry date shown on his DD Form 214 is incorrect and the year should be 2000, not 2003.  However, there is no evidence of record and he did not provide any evidence which shows he enlisted in 2000.

2.  Since his enlistment document shows he enlisted in the RA on 15 April 2003 which is properly shown in item 12a of his DD Form 214, there is insufficient evidence on which to amend item 12a 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 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)                                         AR20110022079



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ABCMR Record of Proceedings (cont)                                         AR20110022079



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