IN THE CASE OF: 

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230004587


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty), for the period ended 10 November 1976 to show he entered active duty on 
26 December 1972.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from Department of Veterans Affairs (VA)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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.  The applicant states, in effect, the date he entered active duty is wrong and should 
ready 26 December 1972. This should be corrected because his entry date is wrong. 

3.  The applicant's service records contain the following documents:

	a.  DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 
27 December 1972 show the applicant enlisted in the Regular Army for a period of 3 
years. 

	b.  DD Form 214, ending on 10 November 1976, shows the applicant entered active 
duty on 27 December 1972 and was honorably released on 10 November 1976. He 
completed 3 years, 10 months, and 14 days of net active-duty service. 

	c.  On 11 November 1976, the applicant reenlisted in the Regular Army and served 
until his discharge from active duty. 

   d.  DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 
24 October 1988, shows the applicant was honorably discharged from active duty. He 
completed 11 years, 11 months, and 14 days of active-duty service this period with 3 
years, 10 months, and 14 days of previous active-duty service. 

	e.  A letter from the ABCMR, dated 18 March 2023, which states in effect, a review 
of the applicant's records showed his DD Form 214 for the period ending on 
24 October 1988 accurately reflected all of his military service. Item 12d (Total Prior 
Active Service) annotated the applicant's prior service of 3 years, 10 months, and 14 
days, which, when subtracted from the applicant's reenlistment date of 
11 November 1976 was his initial active-duty service date of 26 December 1972; 
therefore, there was nothing to correct. 

4.  The applicant provides a letter from the VA, dated 8 December 2022, which shows 
the applicant had an honorable period of service from 26 December 1972 through 
24 October 1988. The entire letter is available for the Board's review.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition and available military records, the 
Board determined there is insufficient evidence to support an error or injustice occurred. 
The Board noted, the applicant’s DD Form 4 and his DD Form 214 correctly reflect the 
applicant entered active duty on 27 Dec 1972. The Board noted the applicant submitted 
a previous applicant which was administratively closed. However, the Board verified the 
applicant’s date of entry onto active duty is accurate, therefore relief is denied. 

2.  The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

xx	xx	xx	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.

	 
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.


REFERENCES:

1.  Title 10, USC, 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 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.

2.  Army Regulation 635-5 (Separation Documents) in effect at the time states that the 
DD Form 214 will reflect the conditions and circumstances that existed at the time the 
records were created. The purpose of the separation document is to provide the 
individual with documentary evidence of his or her military service at the time of release 
from active duty, retirement, or discharge. It is important that information entered on the 
form be complete and accurate and reflects the conditions as they existed at the time of 
separation. For item 16 (Date Entered Active Duty this Period) enter the date the 
servicemember entered active duty or the date enlistment or reenlistment was 
accomplished.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230004587


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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