BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110024473


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered on 31 August 1967.

2.  The applicant states he entered the Army on 31 August 1967, not 20 February 1968 as shown on his DD Form 214.

3.  The applicant provides copies of his pre-enlistment Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History).

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 completed a Report of Medical History and underwent a pre-enlistment medical examination on 31 August 1967.

3.  On 20 February 1968, he completed a DD Form 4 (Enlistment Contract – Armed Forces of the United States) and enlisted for a period of 2 years.  In a supporting document to the enlistment contract, he acknowledged that he was enlisting in the Regular Army for 2 years of active duty with transfer to the U.S. Army Reserve (USAR) for 4 years.  If he was released from active duty with 3 years of active service, he would not be involuntarily transferred to a drilling USAR unit.

4.  The applicant entered active duty on 20 February 1968, completed training, and was awarded military occupational specialty 36K (Field Wireman).

5.  He was released from active duty on 10 Novembers 1970 under the early release program for overseas returnees and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows his date of entry as 20 February 1968.  He completed 2 years, 8 months, and 21 days of active service during this period with no other service.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version then in effect stated the entry in item 17c (Date of Entry) is the beginning date of the continuous period of active duty for issuance of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant completed a medical examination for the purpose of enlistment in the Regular Army on 31 August 1967, this document does not show he enlisted in Regular Army or the USAR as of that date.

2.  The entry date shown on a DD Form 214 is the date a Soldier enters active duty.  The applicant has not provided and the record does not contain any evidence showing he enlisted in the Regular Army or entered active duty prior 20 February 1968.


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)                                         AR20110023514



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ABCMR Record of Proceedings (cont)                                         AR20110024473



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