IN THE CASE OF:
BOARD DATE: 18 December 2008
DOCKET NUMBER: AR20080011832
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, in effect, that item 12a (Date Entered Active Duty This Period) of his 28 October 1987 separation document (DD Form 214, Certificate of Release or Discharge from Active Duty) be corrected to show he entered active duty on 9 July 1986.
2. The applicant states, in effect, that item 12a of his DD Form 214 erroneously shows he entered active duty on 28 October 1987 instead of 9 July 1986. He further states that this is time he earned; therefore, his DD Form 214 should be corrected to reflect the correct active duty entry date of 9 July 1986.
3. The applicant provides 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. The applicant's record shows he initially enlisted in the Ohio Army National Guard (OHARNG) on 17 June 1986, and on 9 July 1986, he entered active duty to attend his initial active duty training (IADT). He successfully completed training and was awarded military occupational specialty (MOS) 63B1O (Light Weight Vehicle Mechanic), and was released from active duty (REFRAD) and returned to his ARNG unit on 24 November 1986. He was issued a DD Form 214 for this period of active duty service that shows he completed 4 months and 16 days of active duty service during the period covered by the DD Form 214 (9 July 1986-24November 1986), and that he had been awarded MOS 63B.
3. On 27 October 1987, the applicant was honorably discharged from the Ohio ARNG for the purpose of enlistment in the Regular Army, and on 28 October 1987, the applicant enlisted in the RA and entered active duty in that status.
4. The applicant continuously served on active duty in the RA until 27 October 1991, at which time he was honorably REFRAD, by reason of expiration of term of service, and was transferred to the United States Army Reserve (USAR). Item 12a of the DD Form 214 he was issued at that time shows he entered active duty on that period of active duty service on 28 October 1987. Item 12b (Separation Date this Period) shows that he was REFRAD on 27 October 1991, and item 12d (Total Prior Active Service) shows he had 4 months and 16 days of prior active duty military service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added). The regulation states, in pertinent part, that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It makes no provisions for consolidating DD Forms 214 issued for separate periods of active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entry date in item 12a of his 27 October 1991 DD Form 214 should show that he entered active duty on 9 July 1986 was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, item 12a of the DD Form 214 should reflect the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. The evidence of record confirms the applicant was issued DD Forms 214 for two separate periods of active duty service. The first DD Form 214 he was issued documents his 4 months and 16 days of active duty service between 9 July 1986 and 24 November 1986; the second DD Form 214 he was issued documents his 4 years of active duty service between 28 October 1987 and 27 October 1991. As a result, it is clear the applicant's active duty service is properly documented in these two separation documents. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit 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.
_________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) AR20080011832
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ABCMR Record of Proceedings (cont) AR20080011832
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