IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080011196
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 the date of entry on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
2 June 1999 be corrected to read 21 January 1997, the date he enlisted in the Regular Army.
2. The applicant states he entered active duty on 21 January 1997.
3. The applicant provides a copy of his complete enlistment contract and his
DD Form 214.
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. Item 5 (Date of Enlistment/Reenlistment) and paragraph 8 of Section B (Agreements) of the applicant DD Form 4/1-3 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows the applicant enlisted in the United States Army Reserve Delayed Entry/Enlistment Program (DEP) on
19 November 1996.
3. Section F (Discharge from Delayed Entry/Enlistment Program) of the applicant's DD Form 4/3 shows the applicant requested to be discharged from the DEP and enlisted in the Regular Army for a period of 2 years and 19 weeks.
4. Section H (Confirmation of Enlistment or Reenlistment) of the applicant's
DD Form 4/3 shows he was sworn into the Regular Army on 21 January 1997.
5. On 2 June 1999, the applicant was released from active duty by reason of completion of required active service. He had completed 2 years, 4 months, and 12 days of active service that was characterized as honorable
6. Item 12a (Date Entered AD This Period) of the applicant's DD Form 214 contains the entry 1997 12 01 (1 December 1997).
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provided, in pertinent part, that the date an individual entered on active duty or date of enlistment was to be entered in Item 12a of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his date of entry on active duty on his DD Form 214 should be 21 January 1997.
2. The applicant's DD Form 4 clearly shows he was sworn into the Regular Army on 21 January 1997. Therefore, it is appropriate to correct Item 12a of his
DD Form 214 to read 1997 01 21 (21 January 1997) instead of 1997 12 01.
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 changing Item 12a of his DD Form 214 to read 1997 01 21 instead of
1997 12 01.
__________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) AR20080011196
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ABCMR Record of Proceedings (cont) AR20080011196
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