RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 May 2007
DOCKET NUMBER: AR20060016382
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, Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. William F. Crain
Chairperson
Mr. Donald L. Lewy
Member
Mr. Roland S. Venable
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in Item 12a (Date Entered AD This Period) the entry 850322."
2. The applicant states, in effect, that his date entered active duty in item 12a of his DD Form 214 needs to be fixed as soon as possible, so he can apply for health benefits.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 19 September 1989. The application submitted in this case is dated
12 November 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 applicants failure to timely file.
3. The applicant's records show that he entered active duty on 22 March
1985 for a period of three years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 19D1O (Cavalry Scout).
4. On 18 February 1987, he extended his three year enlistment contract by
18 months which in turn changed his period of service to four years and six months. This extension changed his initial separation date from 880322 to 890919. On 19 September 1989, the applicant was honorably released from active duty.
5. Item 12a, Date Entered AD This Period, of the applicant's DD Form
214 has 22 March 1988 entered. Item 12c, Net Active Service This Period, shows 1 year, 5 months, and 28 days.
6. Item 12d, Total Prior Active Service, of the applicant's DD Form 214 shows the entry 3 years, 0 month, and 0 day.
7. Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "Extension of service was at the request and for the convenience of the Government."
8. Army Regulation 635-5, in effect at that time, states, in pertinent part, that all separations and immediate enlistment or reenlistments accomplished between the date of entry on active duty and the date of separation from active duty will be entered in the Remarks section of the DD Form 214. This regulation also specified that a DD Form 214 would not be prepared for enlisted personnel who were discharged for immediate reenlistment or extension, effective 1 October 1979. The regulation further requires a list of periods for which a DD Form
214 was not issued to be entered in the Remarks block.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that item 12a of his DD Form 214 be corrected to show 22 March 1985.
2. The evidence of record shows that the applicant entered active duty on
22 March 1985, he extended his enlistment on 17 February 1987 and served until he was honorably separated on 19 September 1989. A DD Form 214 was not prepared for the applicant upon his extension. Therefore, the entry in item
18, Remarks of the applicant's DD Form 214 should show "Extension of service was at the request and for the convenience of the Government, 880322-890919." As such, the applicant is entitled to correction of his records to show this entry in item 18.
3. The evidence of records show that the applicant's Date Entered AD This Period was 22 March 1985. Therefore, the applicant is entitled to correction of his records to show in item 12a, Date Entered AD This Period 22 March 1985.
4. Based on this correction, item 12c, Net Active Service This Period should be corrected to show 4 years, 5 months and 28 days; and item 12d, Total Prior Active Service should be corrected to show 0 year, 0 month, and 0 day.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 September 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
18 September 1992. 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:
____rsv__ ___dll___ ___rsv___ 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 in item 12a, Date Entered AD This Period
850322; in item 12c, Net Active Service This Period 4 years, 5 months, and 28 days; in item 12d, Total Prior Active Service 0 year, 0 month, and 0 day; and in item 18, Remarks Extension of service was at the request and for the convenience of the Government, 880322-890919.
_______William F. Crain_______
CHAIRPERSON
INDEX
CASE ID
AR20060016382
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070531
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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