RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060014981 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry Jr.

Chairperson

Mr. Thomas E. O’Shaughnessy Jr.

Member

Mr. James Hastie

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 total prior inactive service on his DD Form 
214 (Certificate of Release or Discharge from Active Duty) with the ending period 30 September 1996 be corrected to show he served 1 year, 4 months, and 
3 days of inactive service.

2.  The applicant states, in effect, that he was not given credit for all inactive service he served in the United States Army Reserve (USAR) and that the error will affect his retirement pay. 

3.  The applicant provides his DD Form 214 with the ending period 30 September 1996; a DD Form 214 (Report of Separation from Active Duty) with the ending period 1 December 1976; a nine page DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 13 May 1975; and a DA Form 1506 (Statement of Service-for Computation of Length of Service for Pay Purposes), dated 11 October 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 September 1996.  The application submitted in this case is dated 11 October 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.  A DD Form 4, dated 13 May 1975, shows the applicant enlisted in the USAR on 13 May 1975.  

4.  A DD Form 214, with the ending period 1 December 1976, shows the applicant entered active duty training (ADT) on 15 August 1976 and was released from ADT on 1 December 1976 after completing 3 months and 17 days of active duty service.  Item 18d (Prior Inactive Service) erroneously shows the entry 3 months and 2 days (it should have read 1 year, 3 months, and 
2 days). 

5.  The applicant enlisted in the Regular Army on 3 January 1977.  On 
30 September 1996, he retired.  His DD Form 214 with the period ending 
30 September 1966 shows in item 12c (Net Active Duty Service This Period) 
19 years, 8 months, and 28 days.  Item 12d (Total Prior Active Service) shows 
3 months and 17 days.  Item 12e (Total Prior Inactive Service) erroneously shows 4 months and 03 days (it should read 1 year, 4 months, and 3 days).  

6.  United States Army Transportation Center Orders (USATC) 095-0016, dated 4 April 1996, show the applicant's Effective date of retirement: 30 September 1996; Voluntary retirement: 20 years and 15 days; and Basic pay: erroneously shows 20 years, 4 months, 18 days (it should read 21 years, 4 months, and 
18 days).

7.  Army Regulation 635-5 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 preparing and distributing the DD Form 214.  It states, in pertinent part, that the entry in Item 12e (Total Prior Inactive Service) will be taken from previously issued DD Forms 214 and/or Enlisted Records Brief/Officer Records Brief, and the total amount of prior inactive service, less lost time, if any will be entered.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant enlisted in the USAR on 13 May 1975.  Prior to attending ADT on 15 August 1976 he served 1 year, 3 months, and 2 days of inactive service.  His DD Form 214 with the period ending 
1 December 1976 incorrectly shows 3 months and 2 days of prior inactive service.  It appears when the applicant's DD Form 214 was completed the year entry in prior inactive service was left blank.  It should have read 1 year, 
3 months, 2 days in item 18d (Prior Inactive Service).

2.  Prior to the applicant's enlistment in the Regular Army on 3 January 1977, he served an additional 1 month and 1 day of inactive service which gave him a total of 1 year, 4 months, and 3 days of previous inactive service.  The applicant's DD Form 214 with the 30 September 1996 incorrectly shows 4 months and 3 days in item 12e (Total Prior Inactive Service).   

3.  Item 12e (Total Prior Inactive Service) of the DD Form 214 with the period ending 30 September 1996 should be corrected to read 1 year, 4 months, and 
3 days.  


4.  USATC Orders 095-0016, dated 4 April 1996, erroneously show the applicant's Basic pay: 20 years, 4 months, 18 days.  It should be corrected to read 21 years, 4 months, and 18 days.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
29 September 1999.  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:

__HOF __  __TEO__  __JH ___  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:
	
	a.  deleting from item 12e "0000 year(s)" "04 month(s)" "03 day(s)", 
of his DD Form 214 with the ending period 30 September 1996,

	b. adding in item 12e "0001 year(s)" "04 month(s)" "03 day(s)", and 

	c.  amending USATC Orders 095-0016, dated 4 April 1996, Basic pay to read 21 years, 4 months, and 18 days.




___ Hubert O. Fry Jr       _
          CHAIRPERSON



INDEX

CASE ID
AR20060014981
SUFFIX

RECON

DATE BOARDED
22 MAY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
135.0200.0000
2.

3.

4.

5.

6.