IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120011595 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 9 years and 9 months of active service.

2.  She states she enlisted in the Army on 1 February 1995 and was discharged on 15 November 2004 which equals 9 years and 9 months of active service.  She is looking into the "military buy-back program" and her DD Form 214 needs to show the correct time for the monetary amount to be calculated.

3.  She provides copies of her Enlisted Record Brief and DD Form 214.

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 in pay grade E-1 on 1 February 1995 for 3 years.

3.  She served continuously on active duty through three reenlistments until she was honorably discharged in pay grade E-5 on 15 November 2004.  Her DD Form 214 shows in:

* item 12a (Date Entered Active Duty This Period) – 1 February 1995
* item 12b (Separation Date This Period) – 15 November 2004
* item 12c (Net Active Service This Period) – 9 years, 5 months, and 14 days

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for preparation and distribution of the DD Form 214.  It stated 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
* item 12b, enter the Soldier's transition date
* item 12c, enter the amount of service during this period, computed by subtracting item 12a from item 12b

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on 1 February 1995 and was discharged on 15 November 2004, a period of 9 years, 9 months, and 15 days.  However, she was issued a DD Form 214 crediting her with completion of 9 years, 5 months, and 14 days of net active service.

2.  Based on the foregoing, she is entitled to correction of item 12c of her DD Form 214 to show she completed 9 years, 9 months, and 15 days of net active service.


BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the current entry from item 12c of her DD Form 214 for the period ending 15 November 2004 and replacing it with the entry "0009  09  15."



      _____________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)                                         AR20120011595



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ABCMR Record of Proceedings (cont)                                         AR20120011595



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