IN THE CASE OF: BOARD DATE: 21 December 2010 DOCKET NUMBER: AR20100014694 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty in 2003. 2. The applicant states his DD Form 214 incorrectly shows the date of his enlistment as 12 June 2006, when, in fact, he entered active duty on 12 June 2003. 3. The applicant provides no additional documentary evidence. 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/Reenlistment Document - Armed Forces of the United States), dated 17 April 2003, shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years. 3. On 11 June 2003, he was discharged from the USAR DEP and on 12 June 2003, he enlisted in the Regular Army for a period of 6 years. 4. The applicant's Enlisted Record Brief (ERB) shows in Section III - Service Data, his basic active service date (BASD) as 12 June 2003. 5. The applicant's subsequent DD Form 4, dated 17 November 2006, shows he reenlisted in the Regular Army for 6 years beginning in pay grade E-4. 6. On 1 April 2010, the applicant was discharged. Item 12c (Net Active Service This Period) shows he completed 6 years, 9 months, and 20 days of total active service. 7. Item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 shows the entry "2006 06 12." 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant initially entered active duty on 12 June 2003. Therefore, his DD Form 214 for the period ending 1 April 2010 should be corrected accordingly. This correction does not entail a change to item 12c of his DD Form 214. 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 12a of his DD Form 214 the entry "2006 06 12" and replacing it with the entry "2003 06 12." ___________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) AR20100014694 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100014694 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1