RECORD OF PROCEEDINGS


	IN THE CASE OF:	      


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070004356 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. Phillips

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 his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his actual dates of service.  The applicant requests to personally appear before the Board.

2.  The applicant states, in effect, that the date he entered active duty is not correctly entered in Item 12 of his DD Form 214.  This has caused his retirement pay and GI Bill benefits to be incorrectly calculated. 

3.  The applicant provides copies of his DD Form 214, orders, Certifications of Service, enlistment contract, retirement points record, and his Enlisted Qualification Record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 May 2000, the date of his release from active duty for retirement. The application submitted in this case is dated 8 March 2007.

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.  On 5 November 1976, the applicant enlisted in the North Carolina Army National Guard for 6 years.  He completed his active duty for training (ADT) from 
4 March to 11 June 1977 (3 months and 8 days) and was awarded military occupational specialty 64C1O (Motor Transport Operator).  He attained the rank of private, pay grade E2 on 4 September 1977.

4.  On 17 March 1979, the applicant was relieved from his Reserve Component assignment.  He had completed 2 years, 1 month, and 3 days of inactive service and 3 months and 8 days of active duty for training during the overall period from 5 November 1976 through 17 March 1979.
 
5.  On 18 March 1979, the applicant entered active duty in the Regular Army for a period of 20 months and 10 days.  He was assigned as a vehicle driver with the 546th Transportation Company, Fort Bragg, North Carolina.  

6.  On 25 November 1980, the applicant was discharged for the purpose of immediate reenlistment.  He had attained the rank of specialist four, pay grade E4, and had completed 1 year, 8 months, and 8 days of creditable active duty during this period.

7.  On 26 November 1980, the applicant reenlisted in the Regular Army for 
3 years.  He continued to serve on active duty until his retirement for length of service on 31 May 2000.  He had attained the rank of sergeant first class, pay grade E7, and had completed 19 years, 6 months, and 6 days of creditable active duty during this period.

8.  Item 12 (Record of Service) of the applicant’s DD Form 214 shows that he entered active duty this period on 26 November 1980 and was separated for retirement on 31 May 2000, for a total of 19 years, 6 months and 6 days of active duty.  [There is a mathematical error of 1 day in Item 12c (Net Active Service This Period).] 

9.  Item 12d (Total Prior Active Service) of the applicant’s DD Form 214 shows 
2 years and 1 day. [This calculation is incorrect.  It should account for the time from 18 March 1979 through 25 November 1980, plus 3 months and 8 days of ADT for a total of 1 year, 11 months, and 16 days.]

10.  Item 12e (Total Prior Inactive Service) of the applicant’s DD Form 214 shows 2 years and 20 days.  [This calculation is incorrect.  It should account for the time from 5 November 1976 through 17 March 1979, less 3 months and 8 days of ADT.]

11.  Orders 048-0004, Headquarters, United States Army Garrison, Fort George G. Meade, dated 17 February 2000, released the applicant from active duty effective 31 May 2000, and place him on the retired list effective 1 June 2000.  This order indicated that he had completed 21 years, 5 months, and 21 days active duty for voluntary retirement. [Mathematical error makes this calculation 
1 day short.]  This order also indicates that the applicant initially entered military service on 4 March 1977.  [This is in error.  It should read 5 November 1976.]  This order also indicates his years for basic pay as 23 years, 6 months, and 
26 days.  [Mathematical error makes this calculation 1 day short.]  


DISCUSSION AND CONCLUSIONS:

1.  The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.  

2.  The evidence clearly shows that the applicant served in the military from 
5 November 1976 through 31 May 2000, giving him credit for 23 years, 6 months, and 27 days creditable service for basic pay.  

3.  The evidence clearly shows that he had 3 months and 8 days of ADT in 1977; and creditable prior active service of 1 year, 8 months, and 8 days from 18 March 1979 to 25 November 1980; and 19 years, 6 months, and 6 days of active duty from 26 November 1980 to his retirement on 31 May 2000.

4.  The evidence clearly shows that the applicant had completed a total of 
2 years, 1 month, and 3 days of inactive service during the periods from 
5 November 1976 to 3 March 1977; and from 12 June 1977 to 17 March 1979.

5.  In view of the above, the applicant’s request should be granted. 

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 2000; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 May 2003.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___ DJP   _  __RMN__  __JCR   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, in particularly his DD Form 214 for the period ending 31 May 2000, be corrected by:

a.  showing in Item 12c (Net Active Service this Period): 19 years, 
6 months, and 6 days;

	b.  showing in Item 12d (Total Prior Active Service): 1 year, 11 months, and 16 days; and

	c.  showing in Item 12e (Total Prior Inactive Service):  2 years, 1 month, and 3 days.

2.  The Board further recommends that the applicant’s retirement orders Number 048-0004, dated 17 February 2000, be amended by:

	a.  showing his voluntary retirement years: 21 years, 5 months, and 
22 days;

	b.  showing his date initially entered military: 5 November 1976;

	c.  showing his years for basic pay: 23 years, 6 months, and 27 days.

3.  The Board further recommends that the Defense Finance and Accounting Service audit the applicant’s records and make the appropriate changes as a result of these corrections.    

	 





_     Jeffrey C. Redmann ___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX
 
RECON
 
DATE BOARDED
 200708 09   
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
110.01 00
2.

3.

4.

5.

6.