IN THE CASE OF:
BOARD DATE: 6 November 2008
DOCKET NUMBER: AR20080015128
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 his DD Form 214 be corrected to show the correct date entry and the total length of service on his DD Form 214 dated 28 October 2000.
2. The applicant states, in effect, that item 12a (Date Entered Active Duty This Period) of his DD Form 214 be corrected to read that he entered active duty on 29 October 1996 and that item 12c (Net Active Service This Period) be corrected to read 4 years of active duty service.
3. The applicant provides a copy of his DD Form 214 in support of this 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 submitted a DD Form 214 that shows that the effective date of his discharge was 28 October 2000. Item 12a of this DD Form 214 erroneously shows that he entered active duty on 1 July 1992. Item 12c erroneously shows that he was credited with completing 8 years, 3 months, and 28 days of active military service.
3. The applicant's records contain a DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) that shows the applicant enlisted in the Regular Army on 30 October 1990. The DD Form 214 he was issued shows that he served until he was honorably released after the completion of his active duty service on 28 October 1994.
4. The applicant's records contain a DD Form 4 that shows that the applicant enlisted in the Texas Army National Guard on 30 May 1996 for a period of 1 year.
5. The applicant's records contain a DD Form 4 that shows that the applicant enlisted in the Regular Army on 29 October 1996 for a period of 4 years.
6. Army Regulation 635-5 (Separation Documents) established a standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph
2-4h contains detailed instructions and source documents(s) for completing each item of the DD Form 214.
7. The regulatory instructions for preparation of the DD Form 214 provide for entering the active duty service completed during the period covered by the DD Form 214 being issued in item 12a. Army Regulation 635-5 states 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.
8. The regulatory instructions for preparation of the DD Form 214 provide for entering the active duty service completed during the period covered by the DD Form 214 being issued in item 12c. The amount of service is computed by subtracting item 12a from item 12b (Separation Date This Period), minus lost time.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that the date entered active duty and the net active service this period on his DD Form 214 should be corrected was carefully considered and found to have merit.
2. The applicant's records show that he enlisted in the Regular Army on 29 October 1996. Therefore, item 12a of his DD Form 214 dated 28 October 2000 should be corrected to show this date.
3. The applicants records show that he served in an active duty status from 29 October 1996 to 28 October 2000. A computation of the period of service from 29 October 1996 to 28 October 2000 equates to 4 years. Therefore, item 12c of his DD Form 214 should be corrected to show 4 years.
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:
a. amending item 12a of his DD Form 214 with an effective date of 28 October 2000 to read "1996 10 29" and
b. amending item 12c of his DD Form 214 with an effective date of 28 October 2000 to read "0004 00 00."
____________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) AR20080015128
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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