RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  06 March 2008
	DOCKET NUMBER:  AR20070007217 


	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

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

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 that Block 12d (Total Prior Active Service) on his Certificate of Release from Active Duty (DD Form 214), dated 18 January 2004, be corrected.

2.  The applicant states that Block 12d on his DD Form 214, dated 18 January 2004, does not reflect the 1 year, 7 months, and 16 days of net active service that he completed and was annotated on the DD Form 214 that he was furnished on 23 November 1997.

3.  The applicant provides, in support of his application, a copy of his DD Forms 214, dated 15 May 1994; 23 November 1997; and 18 January 2004.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 24 September 1982, the applicant enlisted in the Regular Army and he successfully completed his training as a cannon crewmember.  He remained on active duty through a series of reenlistments.

3.  The applicant was honorably discharged on 15 May 1994, under the provisions of Army Regulation 635-200, chapter 16-8, by reason of Early Release Program – Special Separation Benefit.  The DD Form 214 that he was furnished at the time of his discharge shows that he had completed 11 years, 7 months, and 22 days of net active service this period.

4.  The applicant was a member of the Puerto Rico Army National Guard (PRARNG) when he entered active duty on 8 April 1996.  On 23 November 1997, the applicant was involuntarily discharged under the provisions of Army Regulation 635-200, chapter 18, due to weight control failure.  He completed 1 year, 7 months, and 16 days of net active service during this period of active duty service.  The DD Form 214 that he was furnished at the time of his discharge shows that he completed 12 years, 3 months, and 3 days of total prior active service.

5.  The applicant, still a member of the PRARNG, was ordered to active duty on 14 February 2003, in support of Operation Noble Eagle/Operation Enduring Freedom.  On 18 January 2004, the applicant was released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 4, upon completion of his required active service.  He completed 11 months and 5 days 
of net active service this period.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he had 12 years, 8 months, and 7 days of total prior active service.

6.  The available record indicates that the applicant is currently an active member of the PRARNG.

7.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  It appears that errors were made during the preparation of the applicant's DD Forms 214 for the periods ending 23 November 1997 and 18 January 2004.

2.  During the applicant’s initial period of Regular Army enlistment, he completed 11 years, 7 months, and 22 days of net active service, which is correctly reflected on his DD Form 214 dated 15 May 1994.  The DD Form 214 for the period ending 23 November 1997 shows he had 12 years, 3 months, and 3 days of total prior active service.  However, he had only 11 years, 7 months, and 22 days of total prior active service and this information should have been annotated in Block 12d on his DD Form 214 for the period ending 23 November 1997.

3.  He subsequently completed another 1 year, 7 months, and 16 days of net active service for the period ending 23 November 1997.  Therefore, Block 12d on the DD Form 214 that he was furnished on 18 January 2004 should have been annotated to show that he completed 13 years, 3 months, and 8 days of total prior active service.

4.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.
BOARD VOTE:

__JBG__  __RSV___  __DWS _  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 amending Block 12d on his DD Form 214 for the period ending 23 November 1997 to show that he had 11 years, 7 months, and 22 days of total prior service; and by amending block 12d on his DD Form 214 for the period ending
18 January 2004 to show that he had 13 years, 3 months, and 8 days of total prior active service.




___James B. Gunlicks      __
          CHAIRPERSON




INDEX

CASE ID
AR20070007217
SUFFIX

RECON

DATE BOARDED
20080306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/SEPARATION DOCUMENTS
2.  223
113.0000/ESTABLISHMENT OF SERVICE
3.

4.

5.

6.