RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         12 October 2006
      DOCKET NUMBER:  AR20060002774


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. john Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Mr. Karmin S. Jenkins             |     |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 the entry date listed
in Item 12a (Date Entered AD This Period) of his 6 February 2001 separation
document
(DD Form 214).

2.  The applicant states, in effect, he was issued two DD Forms 214.  The
first was issued to him on 9 August 1988, when he was released from active
duty (REFRAD) for the purpose of being placed on the Temporary Disability
Retired List (TDRL); and the second was issued to him upon his honorable
discharge on 6 February 2001.  He claims that the second DD Form 214
erroneously listed his entry date as 22 January 1987 in Item 12a; however,
subsequent to his REFRAD and placement on the TDRL, he did not reenter
active duty until 5 October 1990, which is the correct date he entered
active duty on the period covered by the second DD Form 214.

3.  The applicant provides the two DD Forms 214 in question, and his TDRL
orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 February 2001, the date of his discharge from the Army.
The application submitted in this case is dated 8 February 2006.

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 record shows that he initially enlisted in the Regular
Army and entered active duty on 27 November 1984.  He was trained in,
awarded, and served in military occupational specialty (MOS) 77F (Petroleum
Supply Specialist).



4.  On 9 August 1988, the applicant was honorably REFRAD, by reason of
temporary disability.  The DD Form 214 he was issued at this time shows he
completed a total of 3 years, 8 months, and 13 days of active military
service, and that he held the rank of specialist four (SP4).

5.  On 10 August 1988, the applicant was placed on the TDRL.  He remained
in this status until September 1990, at which time he was removed from the
TDRL.

6.  Baltimore Military Entrance Processing Station Orders Number 191-13,
dated 5 October 1990, confirm the applicant was enlisted in the Regular
Army on that date, for three years.

7.  On 6 February 2001, the applicant was honorably discharged at the
completion of required active service.  Item 18 (Remarks) of the DD Form
214 he was issued at the time contains an entry that shows one of the
periods of reenlistment during the period covered by the DD Form 214 was 5
October 1990 through 21 June 1993.

8.  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.

9.  Chapter 2 contains item-by-item instructions for preparing the DD Form
214.  The instructions for Item 12a are to 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.  The instructions for Item
12c (Net Active Service This Period) state to enter the period arrived at
by subtracting Item 12a from Item 12b (Separation Date This Period).  The
instructions for Item 18 (Remarks) states, in pertinent part, that for
enlisted Soldiers with more than one enlistment period during the time
covered by this DD Form 214, there will be an entry titled "IMMEDIATE
REENLISTMENTS THIS PERIOD" and the dates of each of these reenlistments
will be specified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the date entered in Item 12a of his 6
February 2001 DD Form 214 is incorrect was carefully considered and found
to have merit.  The evidence of record confirms the applicant initially
enlisted in the Army and entered active duty on 27 November 1984, and that
he continuously served on
active duty for 3 years, 8 months, and 13 days until being honorably
REFRAD, by reason of temporary disability, on 9 August 1988.  It also shows
that a DD Form 214 was issued to document this period of active duty
service.

2.  The record further shows that the applicant remained on the TDRL until
sometime in September 1990, and that he did not reenter active duty until
he reenlisted for three years on 5 October 1990.  As a result, it is clear
this is the date that should be entered in Item 12a of the DD Form 214
documenting his active duty service through 6 February 2001. Given this
change to his entry date, there should also be a correction made to the
period entered in Item 12c, which in this case would be 10 years, 4 months,
and 2 days based on subtracting his entry date of 5 October 1990 from his
separation date of 6 February 2001.

3.  In view of the facts of this case, it would be appropriate to amend the
applicant's 6 February 2001 DD Form 214 by deleting the current entry in
Item 12a and replacing it with the entry "90  10  05"; and deleting the
current entry in Item 12c and replacing it with the entry "10  04  02".  It
would also be appropriate to delete the "19870918-19901004" portion of the
"Reenlistments This Period" entry in Item 18.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 February 2001, the date of his
discharge from the Army.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 5 February 2004.  He failed
to file within the 3-year statute of limitations; however, based on the
available evidence, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

__JI  ___  ___GJP__  __KSJ __  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 amending his 6 February 2001 by
deleting the current entry in Item 12a and replacing it with the entry "90
10  05"; by deleting the current entry in Item 12c and replacing it with
the entry "10  04  02"; by deleting the "19870918-19901004" portion of the
"Reenlistments This Period" entry in Item 18; and by providing him a
correction to his separation document that reflects these changes.




                            _____john Infante______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002774                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/12                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2001/02/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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