IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080011675
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 his separation document, DD Form 214, be corrected to show that he enlisted into the Regular Army on 9 August 1985. He also requests that the active duty he served while a Reservist be added as prior active duty on his DD Form 214. Specifically, he requests that Item 12c, Net Active Service This Period, be corrected from 20 years and 22 days to 19 years, 7 months, and 21 days; and Item 12d, Total Prior Active Service, should be corrected from showing zero to showing 5 months and 1 day.
2. The applicant states that the errors were due to poor attention to detail by the individuals who prepared his DD Form 214. He adds that he requires this correction to show that he entered the Regular Army during the Montgomery G.I. Bill (MGIB) era and not the Veterans Educational Assistance Program (VEAP) era.
3. The applicant provides excerpts from his military records.
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 applicants military records show that he enlisted in the US Army Reserve (USAR) on 3 December 1982.
3. The applicants DA Form 1506, Statement of Service For Computation of Length of Service For Pay Purposes, which is properly authenticated by the Chief, Records Branch, Military Personnel Division, Fort McCoy, Wisconsin, shows that the applicant served 2 months and 2 days active duty (Basic Combat Training) from 3 June 1983 to 4 August 1983; 14 days active duty (annual training) from 19 May to 2 June 1984; 1 month and 22 days active duty (Advanced Individual Training) from 6 June to 27 July 1984; 5 days active duty (active duty for special work) from 11 to 15 April 1985; and 17 days of active duty (annual training) from 2 to 18 May 1985.
4. The applicant enlisted into the Regular Army on 9 August 1985, was promoted to pay grade E-8, and was honorably released from active duty on 3 March 2005 and placed on the Retired List the following day for years of service.
5. The DD Form 214 the applicant was issued, Item 12a, Date entered AD This Period, has 9 March 1985 entered. Item 12c, Net Active Service This Period, has 20 years and 22 days entered. Item 12d, Total Prior Active Service, has zero entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 4 enlisting him into the Regular Army confirms his date of enlistment was 9 August 1985. As such, Item 12a of his DD Form 214 should be corrected to reflect this date.
2. The applicants annual training, basic combat training, advanced individual training, and active duty for special work, totals exactly 5 months of active duty. As such, Item 12d should be corrected to show 5 months.
3. As for Item 12c, the corrected date of entry on active duty would change the Net Active Service This Period from 20 years and 22 days to 19 years, 7 months, and 23 days. As such, it would be appropriate to correct Item 12c to reflect that amount of service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by showing his date of enlistment in the Regular Army as 9 August 1985 in Item 12a; by showing 5 months in Item 12d; and by showing 19 years, 7 months, and 23 days in Item 12c.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting Item 12c, Net Active Service This Period, to 19 years, 7 months, and 21 days; and Item 12d, Total Prior Active Service, to 5 months and 1 day.
_______ _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.
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