BOARD DATE: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001869 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001869 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. Microsoft Office Signature Line... 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: 9 DECEMBER 2016 DOCKET NUMBER: AR20160001869 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) for the period ending 7 August 2008 to provide him with service credit for his time in the Delayed Entry Program (DEP). 2. The applicant states the current entry date annotated is incorrect and he was not aware that he was eligible for benefits until he spoke with a Veteran’s Administration representative. 3. The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States). 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. A DD Form 4 shows he enlisted into the U.S. Army Reserve (USAR) DEP on 20 February 1980. Block 16b (Signature of Enlistee Enlisted from DEP into Regular Component and Date) shows 18 March 1980. 3. A DA Form 2 (Personnel Qualification Record), Section III (Service Training & other Dates) shows his pay entry basic date as 20 February 1980 and his basic active service date as 18 March 1980. 4. He was honorably discharged on 7 August 1980. His DD Form 214 shows in: • item 12a (Date Entered Active Duty this Period) – 18 March 1980 • item 12e (Total Prior Inactive Service) – 28 days REFERENCES: 1. The Department of Defense Financial Management Regulation (DODFMR), Volume 7a, states that service in the DEP is not creditable service unless the individual performs inactive duty training before beginning active duty or an initial period of active duty for training. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, states the entry for item 12a is the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted. DISCUSSION: 1. The ABCMR does not grant requests for record corrections solely for the purpose of making an applicant eligible for veterans' benefits. Every case is individually decided based upon its merits when an applicant requests a change in his or her character of service. 2. The evidence shows the applicant enlisted in the USAR DEP on 20 February 1980. He was discharged from the USAR on 17 March 1980, and he subsequently enlisted in the Regular Army and entered active duty on 18 March 1980. The date he entered active duty (18 March 1980) and his prior inactive (DEP) service (28 days) were correctly entered on his DD Form 214. 3. According to the DODFMR, service in the DEP is not creditable service unless the individual performs inactive duty training before beginning active duty or an initial period of active duty for training. //NOTHING FOLLOWS//