RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060010180 


	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.



	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, that his military records be corrected to show that he:

a.  entered active duty on 27 February 1970, and that this date is his basic active service date (BASD);

b.  had 20 years, 6 months, and 4 days of active duty service; and

c.  had 1 month and 18 days of inactive service prior to entering active duty on 27 February 1970, and that his pay entry basic date (PEBD) was 
9 January 1970.

2.  The applicant essentially states that his PEBD was 9 January 1970, and that his basic active service date (BASD) was 27 February 1970.  He also states, in effect, that because of this, his DD Form 214 (Certificate of Release or Discharge From Active Duty) should reflect that he had 20 years, 6 months, and 4 days of active duty service, and that he had 1 month and 18 days of inactive service prior to entering active duty.  He also states that his DA Form 3713 (Data for Retired Pay) incorrectly shows that he only had 20 years, 1 month, and 22 days of service credited for retirement or retired pay, but that it should show that he had 
20 years, 6 months, and 4 days of service credited for retirement or retired pay.  

3.  The applicant provides his DD Form 214; DA Form 3713; DA Form 2 (Personnel Qualification Record – Part I); and a letter, dated 7 April 2004, from the National Personnel Records Center in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 August 1990, the date he was released from active duty.  The application submitted in this case is dated 14 July 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 initial DD Form 4 (Enlistment Contract – Armed Forces of the United States) clearly shows that he enlisted and was administered his oath of office on 27 February 1970.  This document also shows, in pertinent part, that his PEBD was 9 January 1970.  However, Item 12a (Date Entered Active Duty This Period) of the applicant’s DD Form 214 incorrectly shows that he entered active duty in the Regular Army on 9 March 1970.

4.  The applicant’s DD Form 214 also essentially shows that he was released from active duty on 31 August 1990, and placed on the Retired List on 
1 September 1990.  There is no evidence in the applicant’s military records that he had any period of service between 27 February 1970 through 31 August 1990 that was not creditable for retirement purposes.
  
5.  Basic service computation shows that the applicant’s active duty service from 27 February 1970 through 31 August 1990 was 20 years, 6 months, and 4 days.  It also shows that the applicant’s inactive service from 9 January 1970 through 
26 February 1970 was 1 month and 18 days.  However, the applicant’s DA Form 3713 shows, in pertinent part, that the computation of his years of service credited for retirement or retired pay based upon him being placed on the Retired List on 1 September 1990 was only 20 years, 1 month, and 22 days.  Also, Item 12c (Net Active Service This Period) of the applicant’s DD Form 214 incorrectly shows that he only had 20 years, 5 months, and 23 days of active duty service.  Additionally, Item 12e (Total Prior Inactive Service) of this same document incorrectly shows that he had only 1 month and 13 days of inactive service.  

6.  Army Regulation 635-5 (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, including block 12 (Record of Service).  It states, in pertinent part, that in Item 12a, enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a 
DD Form 214 was not previously issued.  It also states that in Item 12b (Separation date this period) enter the Soldier’s transition date.  It further states that in Item 12c, enter the amount of active service this period, computed by subtracting Item 12a from Item 12b.  It also states that in Item 12e, enter the total amount of prior inactive service, less lost time, if any.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he:

a.  entered active duty on 27 February 1970, and that this date is his BASD;

b.  had 20 years, 6 months, and 4 days of active duty service; and

c.  had 1 month and 18 days of inactive service prior to entering active duty on 27 February 1970, and that his PEBD was 9 January 1970.

2.  Evidence of record clearly shows that the applicant was on active duty from 
27 February 1970 through 31 August 1990, and that this entire period of active duty was creditable for retirement purposes.  His military records also show that his inactive duty from 9 January 1970 through 26 February 1970 was not accurately shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show that:

	a.  he entered active duty on 27 February 1970;

b.  he had 20 years, 6 months, and 4 days of active duty service; and

c.  he had 1 month and 18 days of inactive service.

3.  The applicant is also entitled to correction of his DA Form 3713 to show that he had 20 years, 6 months, and 4 days of service creditable for retirement or retired pay.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1990; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 August 1993.  The applicant did not 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:

__KN ___  __DH ___  __LD ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 correcting his DD Form 214 to show that:  

	a.  he entered active duty on 27 February 1970 in Item 12a;

	b.  he had 20 years, 6 months, and 4 days of active duty service in Item 12c; and

c.  he had 1 month and 18 days of inactive service in Item 12e.

2.  The applicant is also entitled to correction of his DA Form 3713 to show that he had 20 years, 6 months, and 4 days of service creditable for retirement or retired pay. 




____Kathleen Newman_______
          CHAIRPERSON




INDEX

CASE ID
AR20060010180
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.