BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160002282 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: 31 August 2017 DOCKET NUMBER: AR20160002282 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: 31 August 2017 DOCKET NUMBER: AR20160002282 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 (Certificate of Release or Discharge from Active Duty) to show in: * Item 12a (Date Entered Active Duty This Period) "80 04 08" instead of "80 04 07" * Item 12b (Separation Date This Period) "83 04 07" instead of "80 04 07" 2. The applicant states there is a typographical error on his DD Form 214. 3. The applicant provides: * a self-authored statement * DD Form 214 * Certificate of Live Birth * Petition to Change Name * Standard Form 180 (Request Pertaining to Military Records) 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 records contain an enlistment contract, which shows he enlisted in the Regular Army (RA) on 7 April 1980. 3. On 7 April 1983, he was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued shows in: * Item 12a "80 04 07" (7 April 1980) * Item 12b "80 04 07" (7 April 1980) * Item 12c (Net Active Service This Period) "03 00 01" 4. His records contain DD Form 215 (Correction to DD Form 214), which shows on 16 December 2004, item 12b of his DD Form 214 was corrected to show he separated on "83 04 07" (7 April 1983). 5. The applicant provides no evidence, which would contradict the date listed on his enlistment contract and reflected in item 12a of his DD Form 214. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's contention that items 12a and 12b of his DD Form 214 should be corrected to show his service as being from 8 April 1980 to 7 April 1983 has been carefully examined. 2. The applicant's enlistment contract shows he enlisted in the RA on 7 April 1980. He provides no evidence, which would contradict the date listed on his enlistment contract and reflected in item 12a of his DD Form 214. 3. Evidence contained in his official military records shows his DD Form 214 was previously corrected by DD Form 215 as he requests. A copy of the DD Form 215 will be provided to the applicant to avoid any further confusion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002282 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002282 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2