IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080010413
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that Items 12a (Date Entered Active Duty This Period), 12b (Separation Date This Period), and 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states, in effect, that he entered active duty on 23 September 1991 and was discharged on 14 September 1995.
3. The applicant provides a copy of his DD Form 214; a copy of one page of his DA Form 2-1 (Personnel Qualification Record); copies of Certificates of Training; and a copy of his Army Good Conduct Medal Award Certificate, 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. The evidence of record shows that the applicant had prior service in the Army National Guard and the U.S. Army Reserve (USAR). He reenlisted for the last time in the USAR on 29 November 1990 for a period of 3 years. On
25 September 1991, the applicant extended his USAR enlistment for a period of
9 months and 23 days.
3. On 23 June 1994, the applicant enlisted in the Regular Army. On 18 August 1997, he was discharged under the provisions of Army Regulation 635-200, chapter 10, by reason of in lieu of trial by court-martial. His service was characterized as under other than honorable conditions.
4. The applicant's DD Form 214 correctly shows that he enlisted on 23 June 1994, and was discharged on 18 August 1997. He was credited with 1 year,
6 months, and 16 days of active duty service. He had 1 year, 7 months, and
23 days of lost time due to absence without leave (AWOL) which was properly subtracted from his net active service.
5. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5). The amount of service this period in Item 12c is computed by subtracting Item 12a from 12b. Lost time under 10 U.S. Code, section 972 is deducted. Each entry is verified by the individual's service record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was on active duty from 23 September 1991 through 14 September 1995 and that the net active service is wrong on his DD Form 214.
2. The applicant's official record shows he enlisted in the Regular Army on
23 June 1994 and was discharged on 18 August 1997. The applicant was in the USAR prior to his enlistment in the Regular Army and not on active duty.
3. The net active service shown on the applicant's DD Form 214 is correct. He was only credited with 1 year, 6 months, and 16 days of active duty service after deducting his lost time due to AWOL (1 year, 7 months, 23 days).
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ __X_____ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX
______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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