ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  20 January 2020DOCKET NUMBER:  AR20180016071 


APPLICANT REQUESTS:  his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his entire period of service in the Army. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states that his DD Form 214 only reflects the time served for MOStraining, not the total time that he spent in the Army.

3.The applicant’s DD Form 214 reflects a total of 6 months and 28 days of activeservice during the period of 4 May 1978 through 1 December 1978.

4.A review of the applicant’s record shows the following on:

.14 March 1978 - enlisted in the Army Reserve Delayed Entry Program

.4 May 1978 - change of enlistment to the regular Army for 4 years

.29 August 1978 - request for expeditious discharge

.15 September 1978 - referred for mental health evaluation

.6 November 1978 -  initiation of expeditious discharge

.27 November 1978 - discharge approval

.30 November 1978 - order #230-3 directing separation

.1 December 1978 - discharged under the authority of AR 635-200 para 5-31



5.AR 635-200 (Personnel Separations) Section XII, paragraph 5-31 (ErroneousEnlistment) states that when it is discovered that an individual's enlistment was
erroneous because he failed to meet the qualifications for enlistment (AR 601-210) or reenlistment (AR 601-280), the unit commander will initiate action to obtain authority to retain the member or to discharge or release the member from active duty, as appropriate on the basis of erroneous enlistment. 

6.In all cases in which separation is directed, the authority will be included in theorders directing the member to report to the activity designated to accomplish transferprocessing.  Except as provided below, members will be discharged or transferred tothe Army Reserve.

a.Discharge:



.members who have not completed at least 4 months of active duty and/orhave not been awarded an MOS

.members who have completed their service obligation under the MilitarySelective Service Act of 1967, as amended




b.Transfer to the Army Reserve members who have completed 4 months of activeduty and have been awarded an MOS but have not completed their service obligation under the Military Selective Service Act of 1967 as amended 



BOARD DISCUSSION: 

The evidence presented does not demonstrate the existence of a probable error or injustice.  The applicant’s official record is void of evidence that the applicant served on active duty for any longer than indicated on his DD Form 214 effective “78-12-01”.  The applicant was inducted under the delayed entry program on 14 March 1978 and entered active duty on 4 May 1978.  The one month and 20 days of time in the delayed entry program are properly reflected on his DD Form 214 in item 18(d) (Prior Inactive Service) and his date entered active duty this period is properly entered in item 15 as “78-05-04”.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


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 

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. 


ADMINISTRATIVE NOTE(S):  Not Applicable 

REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three 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 three-year statute oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation (AR) 635-200 (Personnel Separations) Section XII, paragraph 5-31(Erroneous Enlistment) states that when it is discovered that an individual's enlistmentwas erroneous because he failed to meet the qualifications for enlistment (AR 601-210)
or reenlistment (AR 601-280), the unit commander will initiate action to obtain authority to retain the member or to discharge or release the member from active duty, as appropriate on the basis of erroneous enlistment. 
 
3.  In all cases in which separation is directed, the authority will be included in the orders directing the member to report to the activity designated to accomplish transfer processing.  Except as provided below, members will be discharged or transferred to the Army Reserve.  
 
a. Discharge:  

. members who have not completed atleast 4 months of active duty and/or heave not been awarded an MOS 

. members who have completed their service obligation under the Military Selective Service Act of 1967, as amended 



 
b. Transfer to the Army Reserve members who have completed 4 months of active duty and have been awarded an MOS but have not completed their service obligation under the Military Selective Service Act of 1967 as amended 


 
//NOTHING FOLLOWS//