IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080011125
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 Item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 22 June 1999, be corrected to show "3 months and 18 days."
2. The applicant states, in effect, that his enlistment contract shows that he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on
23 February 1984. He entered active duty on 12 June 1984. After his discharge from active duty, he served in the USAR.
3. The applicant provides a copy of his enlistment contract, dated 23 February 1984; a copy of his DD Form 214; a copy of his DA Form 1506 (Statement of Service For Computation of Length of Service for Pay Purposes); a copy of his enlistment contract in the USAR; a copy of his DD Form 214 for active duty performed in the USAR; and a copy of his 20-year letter, 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 applicant's enlistment contract shows that on 23 February 1984, he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 6 years. On 11 June 1984, he was discharged from the DEP and enlisted in the Regular Army for 2 years. This information is verified in his DA Form 1506.
3. Item 12e of the applicant's DD Form 214, with an effective date of 22 June 1999, does not reflect the applicant's service in the USAR DEP.
4. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. Item 12e lists the total amount of prior inactive service, less loss time, if any. DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory military service obligation (MSO), and will be entered in Item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the USAR DEP on 23 February 1984 and was discharged on 11 June 1984 for the purpose of enlistment into the Regular Army on 12 June 1984
2. The applicant's DD Form 214, Item 12e, does not reflect the applicant's time in the DEP. Since this time in the DEP was served prior to 1 January 1985, he is entitled to have it shown in Item 12e of his DD Form 214. Therefore, his DD Form 214 should be corrected as directed below.
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 12e of the applicant's DD Form 214, with an effective date of
22 June 1999, to read "3 months and 18 days."
_________X_____________
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.
ABCMR Record of Proceedings (cont) AR20080011125
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