IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080017934
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date he entered active duty as 20 February 2003 instead of 20 March 2003.
2. The applicant states that his DD Form 214 shows an incorrect date of entry on active duty.
3. The applicant provides a copy of his DD Form 214, dated 16 October 2005; and a copy of his DD Form 4 (Enlistment/Reenlistment Document), dated 20 February 2003.
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 records show he enlisted in the Regular Army for a period of 4 years on 20 February 2003. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 21B (Combat Engineer). He attained the rank of sergeant (SGT) and was honorably discharged on 16 October 2005 by reason of disability with entitlement to severance pay.
3. Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows the entry 20 March 2003 and Item 12b (Separation date This Period) shows the entry 16 October 2005. Additionally, Item 12c (Net Active Service This Period) shows he completed 2 years, 7 months, and 27 days of active Federal service.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their active duty military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that Item 12 shows the Record of Service. Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. A breakdown of entries in Item 12 is as follows:
a. Item 12a shows 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.
b. Item 12b shows the Soldiers transition date. This date may not be the contractual date if A Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.
c. Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code, section 972 and non-creditable time after ETS, if any, it is deducted and such time will be identified in block 18.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the Regular Army on
20 February 2003 and that this date is incorrectly shown on his DD Form 214 as 20 March 2003. Therefore, he is entitled to correction of his records to show the correct date he entered active duty. Furthermore, the applicant was discharged on 16 October 2005. Therefore, he completed a total of 2 years, 7 months and 27 days of net active service during this period of enlistment which is correctly shown on his DD Form 214.
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 deleting the entry "2003 03 20" from Item 12a of his DD Form 214 and adding the entry "2003 02 20" to the same Item.
XXX
_______ _ _______ ___
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) AR20080017934
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ABCMR Record of Proceedings (cont) AR20080017934
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