BOARD DATE:  8 August 2018

		DOCKET NUMBER:  AR20160019811


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:  8 August 2018

		DOCKET NUMBER:  AR20160019811


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:  8 August 2018

		DOCKET NUMBER:  AR20160019811


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 her date of entry onto active duty.

2.  The applicant states she entered active duty when she turned 19, the year 
she graduated from high school, in 1972 not 1973.

3.  The applicant provides no supporting 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 DD Form 4 (Enlisted Contract - Armed Forces of the United 
States) shows a date of enlistment of 3 December 1973.

3.  All documents in her official record that include an entry date show the year 
as 1973.  

4.  The applicant was released from active duty on 4 February 1975.  Her 
DD Form 214 (Report of Separation) shows:

*	entry on 3 December 1973
*	separation on 4 February 1975
*	1 year, 2 months and 2 day of active duty service
*	1 month and 24 days of prior inactive service

REFERENCES:

1.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents that must be prepared for Soldiers on retirement, discharge, release 
from active duty service, or control of the Active Army.  It establishes 
standardized policy for preparing and distributing the DD Form 214.  Each entry 
will be verified by the Soldier's records.  For item 15 (Date entered Active Duty 
this Period) the date is taken from the enlistment document.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records 
(ABCMR)), states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  It will decide cases on the evidence of 
record and it is not an investigative body.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

DISCUSSION:

1.  All available documentation shows an entry date onto active duty of 
3 December 1973.

2.  The available record does not contain evidence to show she entered active 
duty in 1972. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160019811


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160019811


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2