RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 February 2008
DOCKET NUMBER: AR20070015467
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. Judy Blanchard
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Ms. Marla J. N. Troup
Member
Mr. David R. Gallagher
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 Item 12a (Date Entered Active Duty (AD) This Period) of his separation document (DD Form 214) to show he entered active duty on 1989/10/26.
2. The applicant states, in effect, that his DD Form 214 erroneously lists
1998/10/26 as his entry date when in fact he entered active duty on 1989/10/26.
3. The applicant provides a copy of his DD Form 214 in support of his application, a copy of his Enlistment, Reenlistment Document Armed Forces of The United States (DD Form 4/1, 4/2 and 4/3).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The Enlistment/Reenlistment Documents (DD Form 4/1) on file in the applicants Military Personnel Records confirms the applicant enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 31 July 1989. He was discharged from the USAR DEP and enlisted in the Regular Army on 26 October 1989. This document was signed by a responsible officer of the United States Army Recruiting Battalion, Albuquerque, New Mexico. The applicants record further shows that his military occupational specialty was 13B Cannon Crewmember.
3. On 30 December 1991, the applicant was honorably discharged under Army Regulation 635-200, Chapter 14; narrative reason for separation was (Misconduct Pattern of Misconduct). He completed a total of 2 years, 2 months and 4 days of honorably active duty service. The DD Form 214 he was issued inaccurately shows, in Item 12a (Date Entered AD This Period), as 981026, Item 12b (Separation Date This Period) as 911230, Item 12c inaccurately shows (Net Active Service This Period) as 0 years, 0 months and 0 days.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains specific item-by-item preparing guidance on the preparation of the DD Form 214. The instructions for item 12a indicate the beginning date of the continuous period of active duty for the issuance of this DD Form 214, for which a DD Form 214 was not previously issued, should be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the date of entry contained in Item 12a of his DD Form 214 incorrectly reads 981026 and should in fact read 891026 was carefully considered and found to have merit.
2. The evidence of record confirms the applicant enlisted in the Regular Army on 26 October 1989. The applicants record contains a DD Form 4/1which confirms he enlisted in the Regular Army on 26 October 1989. As a result, the date entered in Item 12a (Date Entered AD This Period) is not accurately reflected. Item 12c (Net Active Service This Period) is not accurately reflected.
3. In view of the facts of this case, it would be appropriate to amend Item 12a of the applicants DD Form 214 by deleting the current entry and replacing it with the entry 1989-10-26, it would also be appropriate to amend Item 12c of the applicants DD Form 214 by deleting the current entry and replacing it with the entry 2 years, 2 months and 4 days.
BOARD VOTE:
___RTD_ __DRG___ __T____ 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 his DD Form 214 by:
a. deleting from Item 12a (Date Entered AD This Period) 1998-10-26 and replacing it with the entry 1989-10-26;
b. deleting from Item 12c (Net Active Service This Period) 00-00-00 and replacing it with the entry 02-02-04; and
c. and providing him a correction document that includes these changes.
_____Richard T. Dunbar______
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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