RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050002838


      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             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, correction of Item 12a (Date Entered
AD this Period) of his separation document (DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 dated 19 March
2004 erroneously lists 20 March 1997 as his entry date, when in fact he
entered active duty on 20 March 2001.

3.  The applicant provides the following documents in support of his
application:  Certificate of Release or Discharge from Active Duty, dated
19 March 2004 and 29 December 2000; Enlistment/Reenlistment Document (DD
Form 4/1), dated 20 March 2001 and (DD Form 4/3), dated 30 December 1996.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 March 2004, the date of his separation from the Regular
Army.  The application submitted in this case is dated 15 February 2005.

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 records show he enlisted into the Air Force on 30
December 1996 and continuously served until his separation on 29 December
2000 after completing a total of 4 years of active service during the
period of active duty service covered by the DD Form 214.

4.  The records (DD Form 214) also show that the applicant enlisted and
entered into the Regular Army on 30 March 1997.  The records shows he was
trained and served in military occupational specialty (MOS) 19D (Cavalry
Scout), and the highest rank he attained while serving on active duty was
sergeant (SGT).

5.  A Record of Enlistment/Reenlistment Document (DD Form 4/1) on file in
the applicant's Military Personnel Record Jacket (MPRJ) confirms that he
enlisted and entered active duty on 20 March 2001.  This document was
signed by a responsible officer of the Military Enlistment Processing
Station (MEPS), Fort Dix, New Jersey.

6.  On 19 March 2004, the applicant was honorably released from active
duty, by reason of expiration of his term of service (ETS).  Item 12
(Record of Service) of the DD Form 214 he was issued upon his separation
contains the entry
“97  03  20” in Item 12a (Date Entered AD This Period), which indicates he
entered active duty on 20 March 1997.  Item 12b (Date Separated this
period) contains the entry “04  03  19”, which indicates he separated on 19
March 2004; and Item 12c (Net Active Service this Period) contains the
entry “7  00  00”, which indicates he completed 7 years of active service
during the period of active duty service covered by the DD Form 214.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
The regulation in effect at the time provided for entering the beginning
date of the continuous period of active duty for which a DD Form 214 was
not previously issued as the “Date of Entry.”

8.  Paragraph 2-1 of the same regulation provides guidance on preparing the
DD Form 214.  It states that a DD Form 214 is a summary of a Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active duty service at the time of release from active duty,
retirement, or discharge.  It further states, in pertinent part, that a DD
Form 214 is issued to Reserve Component (RC) Soldiers who complete 90 days
or more of continuous active duty for training (ADT), Full-Time National
Guard Duty (FTNGD), active duty for special work (ADSW), temporary tours of
active duty (TTAD), or Active Guard Reserve (AGR) service.  There are no
provisions for providing, or correcting a previously issued DD Form 214, to
document inactive service performed in a RC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the date of entry contained in Item 12a
of his DD Form 214 incorrectly reads 20 March 1997 and should in fact read
20 March 2001 was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant enlisted into the Army
and entered active duty on 20 March 2001.  The evidence of record also
confirms the date entered in Item 12a (date entered active duty) and 12c
(net active service this period) are not accurately reflected on his DD
Form 214.
3.  In view of the facts in this case, it would be appropriate to amend
Item 12a of the applicant's 19 March 2004 DD Form 214 by deleting the
current entry and replacing it with the entry "01  03  20."  Item 12c
should also be amended by deleting the current entry and replacing it with
the entry “03  00  00”.

BOARD VOTE:

___JTM _  ___JBG__  __JRM _  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
amending his 19 March 2004 DD Form 214 as follows:  Item 12a – delete the
current entry and replace it with the entry "01  03  20"; Item 12c – delete
the current entry and replace it with the entry "03  00  00”; and by
providing him a corrected separation document that includes these changes.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002838                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/03/19                              |
|DISCHARGE AUTHORITY     |AR 635-200. . . . .                     |
|DISCHARGE REASON        |Chapter 4                               |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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