RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 MAY 2008
DOCKET NUMBER: AR20070018455
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 Item 12b (Separation Date This Period) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 7 September 1995 be corrected to read 1998 09 07
(7 September 1998) instead of 1995 09 07 (7 September 1995).
2. The applicant states, in effect, he entered the service on 8 September 1995, served a 3 year period of service, and was honorably released from active duty on 7 September 1998.
3. The applicant provides a copy of his DD Form 214 in support of his application.
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. DD Form 4/3 of the applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 8 September 1995 for a period of 3 years.
3. Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia Orders 166-0015, dated 15 June 1998, transferred the applicant to a transition point at Fort Stewart with a reporting date of
7 September 1998 and a date of release from active duty unless changed/rescinded of 7 September 1998.
4. Item 12b of the applicant's DD Form 214 contains the entry 1995 09 07.
5. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 contains the entry 03 00 00 (3 years, 0 months, and 0 days).
6. There are no orders or other evidence to show the applicant's date of release from active duty was changed or rescinded. Item 18 (Remarks) does not contain any entries that would indicate the applicant was held beyond his expiration of term of service.
7. Item 28 (Narrative Reason for Separation) of the applicant's DD Form 214 indicates he was released from active duty by reason of his completion of his required service.
8. Army Regulation 635-5 (Separation Documents), then in effect, provided, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list was the separation approval authority documentation and separation orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the separation date on his DD Form 214 is incorrect.
2. The entry currently shown in Item 12b of the applicant's DD Form 214 shows he was separated from active duty 1 day prior to his enlistment in the Regular Army. Therefore, it is clear a typographical error occurred in the preparation of the applicant's DD Form 214.
3. Based on the applicant's orders transferring him to a transition point, the entries in Items 12c and 28 showing he completed his term of service (3 years), and the lack of an entry in Item 18 of the applicant's DD Form 214 showing he was held beyond his expiration of period of service, it is reasonable to conclude the applicant's date of release from active duty was 7 September 1998. Therefore, it is appropriate to correct Item 12b of the applicant's DD Form 214 to read 1998 09 07.
BOARD VOTE:
__X______ __X______ _X___ 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 Item 12b of the applicant's DD Form 214 to read 1998 09 07 instead of 1995 09 07.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018455
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2009 | 20090017194
He indicates his DD Form 214 only shows he completed 2 months of active service when he actually served 2 years. The applicant provides active duty orders and his DD Form 214 in support of his request. On 23 September 2005, the applicant was honorably released from active duty from active service by reason of completion of required service. The DD Form 214 issued at that time shows he completed 2 months of creditable service for the period the DD Form 214 covers (24 July 23 September...
ARMY | BCMR | CY2008 | 20080019831
The applicant requests, in effect, that the date he entered active duty on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 September 1998 be corrected to show 9 September 1988 and his net active service this period be corrected to show 10 years and 14 days. Although the applicant indicates that he entered active duty on 9 September 1988, the evidence of record shows that he actually entered active duty on 9 August 1988. Therefore, the...
ARMY | BCMR | CY2015 | 20150001868
It further shows in: * item 2 (Department, Component and Branch): ARMY / ARNG * item 13 award of the SWASM (it does not show award of the KLM) * item 12 (Record of Service): * block a (Date Entered AD This Period): "1993 02 02" * block b (Separation Date This Period): "1998 12 15" * block c (Net Active Service This Period): "005 10 14" * item 18 does not show he deployed with his unit to a foreign country 15. The evidence of record shows the applicant served in SWA during the period 14...
ARMY | BCMR | CY2013 | 20130004473
The applicant requests correction of item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant requests that her entry date on active duty be corrected to show 29 September 1994. Her DD Form 214 effective 5 February 1995 shows that she entered active duty on 29 September 2009 which is an apparent error; therefore, it would be appropriate to correct item 12a of her DD Form 214 to show the entry "94 09 30"...
ARMY | BCMR | CY2009 | 20090002993
However, memoranda from the applicant's company commander and brigade commander show he did not receive his separation orders in a timely manner and did not separate from active duty until 15 December 2008. Evidence of record shows that the applicant separated from active duty on 15 December 2008 and there is no evidence to show his discharge orders were amended. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2009 | 20090008859
The applicant requests the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): a. This information is recorded in Item 29 (Dates of Time Lost During This Period) of his DD Form 214. The applicant requests correction of his DD Form 214 to reflect that he entered AD on 17 August 1995 and that he served 3 years and 6 days.
ARMY | BCMR | CY2010 | 20100013078
The applicant requests Item 12b (Separation Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 May 2006 be corrected to read 2006 07 19 (2006 July 19) instead of 2006 05 31 (2006 May 31), thereby voiding his debt. Army Regulation 635-5 (Separation Documents) states the beginning date of the continuous period of active duty for which the DD Form 214 is being issued is to be entered in item 12a of the DD Form 214 and the date of...
ARMY | BCMR | CY2013 | 20130019690
The document was presumably issued to her at the time of her separation which shows she was honorably retired due to permanent disability. (1) Item 12a (Date Entered Active Duty This Period) contains the entry "2005 02 01." Based on this correction she is further entitled to correction of item 12c of her DD Form 214 to show net active service of 8 years, 8 months, and 20 days and to correction of item 18 to show her continuous honorable service from 1 February 2005 to 19 October 2013.
ARMY | BCMR | CY2011 | 20110022261
The applicant requests correction of item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was separated on 24 October 2011 vice 21 September 2011. The applicant provides a memorandum, dated 21 October 2011 and signed by the brigade commander, 1st Heavy Brigade Combat, Team, 3rd Infantry Division, that essentially states he (the brigade commander): * authorized an extension of the applicant's contract from 22 September to...
ARMY | BCMR | CY2012 | 20120016391
The applicant requests, in effect, item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 July 2011 instead of 1 July 2011. Evidence shows he was discharged as a Regular Army officer on 1 July 2011 and he was appointed in the USAR effective 2 July 2011. Correcting his DD Form 214 to show he was discharged on 2 July 2011 would mean he held two statuses on that date RA and USAR, which is not authorized.