IN THE CASE OF: BOARD DATE: 28 May 2009 DOCKET NUMBER: AR20080018881 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2003 be corrected to show his correct prior active service. 2. The applicant states that his DD Form 214 incorrectly shows 3 years, 2 months, 10 days. He states that his prior active service should show 4 years. 3. The applicant provides a DD Form 214 for the period ending 30 June 2001 and a DD Form 214 for the period ending 31 July 2003. 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 enlisted in the Regular Army on 1 July 1997 for four years. He successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 14S (Avenger Crewmember). 3. On 30 June 2001, the applicant was honorably released from active duty in the rank of specialist (SPC)/E-4 after completing 4 years of creditable active service with no time lost. Item 12c (Net Active Service this Period) of his DD Form 214 for this period of service shows his net active service as 4 years. 4. On 1 July 2001, the applicant enlisted in the Texas Army National Guard (TXARNG). He was ordered to active duty in support of Operation Noble Eagle on 26 August 2002. On 31 July 2003, the applicant was honorably released from active duty and returned to his assigned National Guard unit. Item 12d (Total Prior Active Service) of his DD Form 214 for the period ending 31 July 2003 shows 3 years, 2 months, and 10 days. DISCUSSION AND CONCLUSIONS: The applicant's DD Form 214 for the period ending 30 June 2001 shows he entered active duty on 1 July 1997 and was honorably released from active duty on 30 June 2001 after completing 4 years of net active service this period. However, the applicant's DD Form 214 for the period ending 31 July 2003 erroneously shows his total prior active service as 3 years, 2 months, and 10 days. There is no evidence to show he had any lost time. Therefore, his DD Form 214 for the period ending 31 July 2003 should be corrected to show 4 years of total prior active service. BOARD VOTE: ____X__ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12d of his DD Form 214 for the period ending 31 July 2003 the entry "0003 02 10" and replacing it with the entry "0004 00 00." __________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. ABCMR Record of Proceedings (cont) AR20080018881 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080018881 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1