BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150019297 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150019297 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. BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150019297 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 an entry date of March 1974 instead of June 1974. 2. The applicant states the month of entry on active duty should be earlier than the date shown on his DD Form 214. He needs the DD Form 214 corrected so he may apply for benefits. 3. The applicant provides: * Congressional correspondence * 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 enlisted in the Regular Army for 3 years at the New Haven, CT, Armed Forces Examining and Entrance Station (AFEES), on 20 June 1974. 3. On 20 June 1974, the New Haven AFEES published Special Orders Number 121 indicating the applicant enlisted in the active Army and he was assigned to the U.S. Army Reception Station, Fort Jackson, SC on this date. 4. On 25 June 1974, Headquarters, Support Command, Fort Jackson, published Special Orders Number 124 assigning him to Company D, 5th Battalion, 1st Basic Combat Training Brigade for completion of basic training. 5. On 18 July 1974, the applicant’s commander initiated separation action against him for his inability to complete training, a poor attitude, and a lack of motivation. The applicant was advised of his rights. The chain of command recommended approval. 6. On 25 July 1974, the separation authority approved the separation action and ordered the applicant discharged from the Army with an Honorable Discharge Certificate. 7. On 30 July 1974, Headquarters, U.S. Army Personnel Center, Fort Jackson, published Special Orders Number 148 honorably discharging him from active duty. Accordingly, he was discharged on this date. His DD Form 214 shows in: * Item 9d (Effective Date of Separation) – 30 July 1974 * Item 15 (Date Entered Active Duty This Period) – 20 June 1974 * Item 18(a) (Net Active Service This Period) – 1 month and 11 days REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: The applicant enlisted in the Regular Army on 20 June 1974, not 20 March 1974 as he contends. This is confirmed by his enlistment contract, enlistment orders, and other documents in his official records. He was discharged on 30 July 1974 after having completed 1 month and 11 days of active service. There is no evidence he entered active duty earlier than the date shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019297 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2