RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2005
DOCKET NUMBER: AR20050001587
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Mr. Eric Anderson | |Member |
| |Ms. Carol Kornhoff | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
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) be corrected to show the correct dates of
active duty.
2. The applicant states the dates of active service are incorrect on his
DD Form 214. He states, in effect, that he was in the California Army
National Guard (CAARNG) and not on active duty for part of the service time
in question.
3. The applicant provides a DD Form 214; an NGB Form 22 (National Guard
Bureau, Report of Separation and Record of Service), a DD Form 4
(Enlistment/Reenlistment Document); a USAREC Form 589 (Certificate of
Enlistment); and a NGB Form 23 (Army National Guard Retirement Points
History Statement).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 6 November 2001. The application submitted in this case is
dated 6 December 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's DD from 214 shows he entered active duty on 7 October
1994 and was separated on 6 November 2001 with a net active service of 7
years and 1 month.
4. The applicant's NGB Form 22 shows he enlisted in the California Army
National Guard on 27 October 1993 and was separated on 6 September 1997.
5. The applicant's DD Form 4 shows that the applicant enlisted in the Army
on 7 October 1998.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant enlisted in the CAARNG for the period
27 October 1993 through 6 September 1997 and therefore could not have
entered active duty on 7 October 1994 as reflected by the DD Form 214.
2. A review of the records show that a typographical error was made when
the DD Form 214 was prepared. The year 1994 was entered as an entry date
on active duty when the proper year should have been 1998.
3. In view of the above the applicant's DD Form 214 should be corrected to
show the correct date of entry on active duty as 7 October 1998 and the
appropriate service periods adjusted accordingly.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 November 2001; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
5 November 2004. The applicant did not file within the 3-year statute of
limitations; however, he has provided a compelling explanation or evidence
to show that it would be in the interest of justice to excuse failure to
file in this case.
BOARD VOTE:
___JS___ __EA ___ __CK___ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing the following corrections to
the applicant's DD Form 214:
a. Item 12a: Correct entry date to read 7 October 1998;
b. Item 12c: Correct Net Active Service period to read 3 years, 1
month,
0 days; and
c. Item 12e: Correct Total Prior Inactive Service to read 4 years,
0 months, 0 days.
______John Slone________________
CHAIRPERSON
INDEX
|CASE ID |AR20050001587 |
|SUFFIX | |
|RECON | |
|DATE BOARDED | |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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