IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004804 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct dates of his service. 2. He states he was married in July 1990 and went into the Army on 9 August 1990. 3. He does not provide any additional evidence. 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 contract shows he enlisted in the Delayed Entry/Enlistment Program (DEP) on 18 April 1991. He was subsequently discharged from the DEP and enlisted in the Regular Army (RA) on 20 August 1991. He served 1 year, 4 months, and 27 days on active duty (AD) and he was discharged under honorable conditions on 16 February 1993 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 13, unsatisfactory performance. 3. His DD Form 214 shows in: * Item 12a (Date Entered AD This Period) 20 August 1991 * Item 12b (Separation Date This Period) 16 February 1993 * Item 12c (Net Active Service This Period) "0001 04 27" * Item 12d (Total Prior Active Service) "0000 00 00" (indicating no prior active service) * Item 18 (Remarks) no entry concerning DEP 4. The applicant's record is void of any evidence that shows he entered the military prior to August 1991 and/or had any additional service. 5. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, established standardized procedures for the preparation and distribution of the DD Form 214. The regulation stated to enter in item: * 12a – 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 * 12b – the Soldier's transition date * 12c – amount of service this period, computed by subtracting item 12a from 12b * 12d – the total amount of prior active military service less lost time from previously issued DD Forms 214 * 18 – for a Soldier who has DEP time, enter inclusive period of DEP time DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant enlisted in the DEP on 18 April 1991 and he was subsequently discharged from the DEP and enlisted in the RA on 20 August 1991. However, there is no entry in item 18 as required to capture his DEP time from 18 April to 19 August 1991. 2. The evidence further shows he enlisted in the RA on 20 August 1991 and he was discharged on 16 February 1993. He was credited with completing 1 year, 4 months, and 27 days of AD service. There is no evidence and he did not provide any to show that he had prior AD service and/or he entered the RA prior to 20 August 1991. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to add "Delayed Entry Program (DEP) 910418–910819." 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his dates of service. _______ _ _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) AR20150004804 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004804 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1