IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080017921
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 (Certificate of Release or Discharge from Active Duty) for the period ending 14 November 2002 be corrected to show his prior active service.
2. The applicant states that this DD Form 214 only shows that he has 4 years and 10 months of service. He contends that he has two awards of the Good Conduct Medal and that he reenlisted three times (once in the Army Reserve and two times in the Regular Army). He states that his DD Form 214 for the period ending 14 November 2002 does not include his first 4 years of service.
3. The applicant provides his 1999 reenlistment contract and a copy of his DD Form 214 for the period ending 14 November 2002 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 enlisted in the Regular Army on 2 July 1993, served as a chemical operations specialist, and was released from active duty on 1 July 1997.
3. The applicants DD Form 214 for the period ending 1 July 1997 shows that he completed 4 years of creditable service in item 12c (Net Active Service This Period).
4. The applicant enlisted in the Regular Army on 29 January 1998, served as a chemical operations specialist, and was honorably discharged on 14 November 2002.
5. Item 12d (Total Prior Active Service) on the applicants DD Form 214 for the period ending 14 November 2002 shows the entry, "04 00 00."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 635-5 states, in pertinent part, that from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any, in item 12d on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Evidence of record shows the applicant enlisted in the Regular Army on 2 July 1993 and was released from active duty on 1 July 1997 after completing 4 years of creditable active service, which is properly reflected on his DD Form 214 for the period ending 1 July 1997. He enlisted in the Regular Army on 29 January 1998 and was honorably discharged on 14 November 2002. His prior active service (2 July 1993 through 1 July 1997) is properly shown in item 12d on his DD Form 214 for the period ending 14 November 2002. Therefore, there is no basis for granting the applicants request to amend his DD Form 214 for the period ending 14 November 2002 to show his prior active service.
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) AR20080017921
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ABCMR Record of Proceedings (cont) AR20080017921
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