IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170001596 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: 26 September 2018 DOCKET NUMBER: AR20170001596 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: 26 September 2018 DOCKET NUMBER: AR20170001596 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 item 15 (Date entered Active Duty this Period) of his DD Form 214 (Report of Separation from Active Duty) be corrected to show 11 January 1975. 2. He states that he entered active duty under the Delayed Enlistment Program (DEP) in 1975. His DD Form 214 is incorrect and he needs the date changed in order for the Department of Veterans Affairs (VA) to make the proper decision in regards to his benefits claim. 3. He provides: * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) * VA Form 21-0966 (Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC (Dependency and Indemnity Compensation) * VA Form 21-4138 (Statement in Support of Claim) 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 (Enlistment or Reenlistment Agreement-Armed Forces of the United States) shows: a. He enlisted in the U. S. Army Reserve (USAR) DEP on 16 December 1976. b. On 10 January 1977, he was discharged from the USAR. c. He enlisted in the Regular Army (RA) on 11 January 1977. 3. The U. S. Army Retraining Brigade, Fort Riley, KS, issued Orders 167-8, on 28 August 1978 show the applicant was discharged on 30 August 1978. 4. The DD Form 214, issued at the time of his separation, shows he entered active duty and was discharged on the same day, 30 August 1978. This form also shows he completed 1 year, 6 months, and 21 days of total active service. 5. On 24 April 1979, the applicant was issued a DD Form 215 (Correction to DD Form 214), which amended item 15 of his DD Form 214 to show he entered active duty on 11 January 1977. 6. His record is void of evidence showing he entered active duty on 1 November 1975. 7. The applicant provides documents related to his VA disability compensation claim and his request for a complete copy of his VA file. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and specified that for item 15 (Date Entered Active Duty This Period), data sources are enlistment contracts, initial orders to active duty, active duty orders, and previously-issued DD Forms 214. DISCUSSION: 1. The applicant enlisted in the USAR DEP on 16 December 1976. He entered active duty on 11 January 1977. His DD Form 214 incorrectly listed his active duty entry date as 30 August 1978. 2. On 24 April 1979, he was issued a DD Form 215, which corrected his active duty entry date to show 11 January 1977. There are no enlistment documents filed in the applicant's record to show he entered active duty on 11 January 1975. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001596 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001596 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2