IN THE CASE OF:   

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20170000746


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



		IN THE CASE OF:   

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20170000746


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.



		IN THE CASE OF:  

		BOARD DATE:  22 August 2018

		DOCKET NUMBER:  AR20170000746


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 item 15 (Date Entered Active 
Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) to 
show a date in September 1973 instead of 18 September 1974. 

2.  The applicant states he was stationed in Saigon, Vietnam from September 
1973 to January 1974.  He was subsequently transferred to Frankfurt, Germany 
to take part in a drug trafficking trial which lasted from January to August 1974.

3.  The applicant provides no 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 records contain DD Form 4 (Enlistment Contract – Armed 
Forces of the United States) which shows, having no prior service, he enlisted in 
the Regular Army (RA) at the Dallas, Texas Armed Forces Examining and 
Entrance Station on 18 September 1974. 

3.  Item 15 of his DD Form 214 shows he entered active duty on 18 September 
1974.  On 13 September 1976, he was honorably released from active duty.

4.  The applicant's military records do not contain any evidence and he did not 
provide sufficient evidence which indicates he performed any military service 
prior to 18 September 1974.

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, establishes the 
standardized policy for preparing and distributing the DD Form 214.  The 
regulation directs the purpose of the separation document is to provide the 
individual with documentary evidence of their military service.  It is important that 
information entered on the form should be complete and accurate.  

DISCUSSION:

1.  The applicant requests, in effect, correction of item 15 of his DD Form 214 to 
show a date in September 1973 instead of 18 September 1974.  The applicant 
states he was stationed in Saigon, Vietnam from September 1973 to January 
1974.  He was subsequently transferred to Frankfurt, Germany to take part in a 
drug trafficking trial, which lasted from January to August 1974.

2.  The evidence of record shows, having no prior service, he enlisted in the RA 
on 18 September 1974. 
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                      


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20170000746


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20170000746


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2