ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  BOARD DATE:  23 September 2019

                  DOCKET NUMBER:  AR20180016723

APPLICANT REQUESTS: 

a.	Correction to his DD Form 214 (Report of Separation from Active Duty) for the 
period ending 14 December 1978, item 15 (Date Entered Active Duty This Period) to 
show his date of entry on active duty was in 1975 instead of 1976 due to his time spent 
in the Delayed Entry Program (DEP.)

b.	A personal appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

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

FACTS: 

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

2.  A review of the applicant’s records shows an Active Duty Order Number 139-58, 
issued by the Department of Defense, Armed Forces Examining and Entrance Station, 
Montgomery, Gunter Air Force Station, Alabama, dated 14 July 1976 shows he enlisted 
in the U.S. Army Reserve (USAR) and was assigned to inactive duty.

3. His DD Form 1966 (Record of Military Processing – Armed Forces of the United 
States), dated 14 July 1976 reflects the following information:

a.	Section II (Examination and Enlistment Data Processing Codes) item 19 (DEP) 
shows:

*	item a (Date of Enlistment) he enlisted in the USAR, in the DEP on 14 July 
1976
*	item b (Projected Date of Enlistment) – 14 September 1976
b.	Section VII (Enlistment Options) shows he enlisted in the Regular Army (RA), in 
the rank/grade of private/E-1, with a date of rank of 14 September 1976.

4.  His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the 
United States) shows in Section VII (Change of Status – For Participant in DEP) that he 
was discharged from the USAR (DEP) and enlisted in the RA on 14 September 1976.

5.  His DA Forms 2 (Personnel Qualification Record) shows the following information:

a.	Section III (Service Training and Other Dates), item 46 (Pay Entry Base Date) 
reflects the date “760714”

b.	Section III, item 47 (Basic Active Duty Service Date) reflects the date “760914”

c.	Section VII (Current and Previous Assignments) – “(RESERVE] 760714-760913
DELAYED ENLISTMENT 59 Days PV1)”

6.  His DD Form 214 for the period ending 14 December 1978 shows he was honorably 
discharged, completed 2 years, 3 months, and 1 day of active duty service, and was 
credited with 2 months of prior inactive service, which was for his time in the DEP.  He 
immediately reenlisted in the RA on 15 December 1978 until 8 December 1982, when 
he was honorably discharged.

7.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a 
synopsis of the Soldier's most recent period of continuous active duty.  The instructions 
for the DD Form 214, item 15 (Date Entered Active Duty This Period) states to enter the 
date the service member entered active duty.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his enlistment contract, orders, DA Forms 2 and entries in item 12 of this DD 
form 214 (Record of Service).  The Board found no evidence if the applicant entering 
service in 1975 and he provided none.  The Board found his initial DD Form 214 
accurately reflected his service, to include his time in the delayed entry program in item 
12.  Based on a preponderance of evidence, the Board determined that the  applicant 
entry date, as reflected on his DD Form 214 for the period ending 14 December 1978 
was not in error or unjust.

2. The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.
3.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.










































BOARD VOTE:

Mbr 1		Mbr 2		Mbr 3:

			         		 :       			GRANT FULL RELIEF

		          	   		:                    GRANT PARTIAL RELIEF

		     		   		  	   			GRANT FORMAL HEARING

X              X             	X			      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.




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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.

ADMINSTRATIVE NOTES: 

Not Applicable.

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REFERENCES
1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records 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 of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The ABCMR will decide cases on the 
evidence of record.  It is not an investigative body.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.  Paragraph 2-11 
states applicants do not have a right to a formal hearing before the ABCMR.  The 
Director or the ABCMR may grant a formal hearing whenever justice requires.
Although he requested to personally appear before the Board, there is sufficient 
evidence available for fair and impartial consideration of his case without such an 
appearance.

3.  Army Regulation 635-5, dated 15 July 1978 prescribed the separation documents 
prepared for Soldiers upon retirement, discharge, or release from active military service 
or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most 
recent period of continuous active duty.  The DD Form 214 is of vital importance to the 
separating Soldier and must be properly prepared according to prescribed guidance; 
ensure all information on the DD Form 214 and other separation documents is accurate.  
The instructions for the DD Form 214, item 15 (Date Entered Active Duty This Period) is 
the date the service member entered active duty.


ABCMR Record of Proceedings (cont)                                                  AR20180016723
	 	
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