RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070018328
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 items 12a (Date entered AD [active duty] This Period) and 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
10 October 2001 be corrected.
2. The applicant states that his original entry date was 7 July 1992 and that his discharge date from his first tour was 6 April 1997. He contends that he reentered the service sometime in August 2000 and that he was discharged on
10 October 2001. He contends that the DD Form 214 for the period ending
10 October 2001 has overlapping dates of service.
3. The applicant provides a DD Form 214 for the period ending 6 April 1997; an enlistment contract, dated 7 July 1992; a DD Form 214 for the period ending
10 October 2001; and an enlistment contract, dated 18 September 2000.
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 applicant enlisted in the Regular Army on 7 July 1992 for a period of
5 years. He served as a military police and was released from active duty on
6 April 1997 and transferred to the U.S. Army Reserve.
3. The applicants DD Form 214 for the period ending 6 April 1997 shows that he completed 4 years and 9 months of creditable active service.
4. The applicant enlisted in the Army National Guard on 1 February 2000 for a period of 1 year. On 17 September 2000, he was honorably discharged from the Army National Guard.
5. The applicants enlistment contract shows he enlisted in the Regular Army on 18 September 2000 for a period of 3 years. He served as a military police and was honorably discharged on 10 October 2001 for hardship after completing
1 year and 23 days of creditable active service.
6. Item 12a on the applicants DD Form 214 for the period ending 10 October 2001 shows the entry, 1995 12 18. Item 12c on this DD Form 214 shows the entry, 0005 09 23. Item 12d (Total Prior Active Service) on this DD Form 214 shows the entry, 0004 09 00.
DISCUSSION AND CONCLUSIONS:
1. The applicants 18 September 2000 enlistment contract is accepted as sufficient evidence on which to amend item 12a on his DD Form 214 for the period ending 10 October 2001.
2. Evidence of record shows the applicant enlisted on 18 September 2000 and was discharged on 10 October 2001 after completing 1 year and 23 days of creditable active service. Therefore, it would be appropriate to correct 12c on his DD Form 214 for the period ending 10 October 2001 to show 1 year and 23 days.
BOARD VOTE:
XX_____ ___XX__ __XX ____ 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 the entry in item 12a on his DD Form 214 for the period ending 10 October 2001;
b. adding the entry, 2000 09 18 in item 12a on this DD Form 214;
c. deleting the entry in item 12c on this DD Form 214; and
d. adding the entry, 0001 00 23 in item 12d on this DD Form 214.
_ XXX _____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018328
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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