IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080019473 


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, correction to Item 12d (Total Prior Active Service) and Item 12e (Total Prior Inactive Service) of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), for the period ending
6 December 1996.

2.  The applicant states, in effect, that his DD Form 214 does not show the time he served on active duty from 23 October 1992 (sic) to 16 February 1993 (sic) and the time he served in the United States Army Reserve (USAR).  He also states that he joined the USAR in 1992 and in 1992 he attended basic and advanced individual training at Fort Leonard Wood, Missouri.  Upon returning home, he then joined the Regular Army (RA) on 17 March 1993 (sic).  He further states, that his DD Form 214, for the period ending 6 December 1996 shows only his 3 years, 8 months, and 20 days of his original and extended enlistments.  He thought it was correct while he was serving his enlistment, but it does not appear to have been.  He would like to use his complete service time for his state retirement credit.

3.  In support of his application, the applicant provides a copy of the Army ACE (Army Council on Education) Registry Transcript System document which shows the time served which is not on his DD Form 214.





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 applicant’s 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 applicant’s 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 military records show he enlisted in the USAR in pay grade
E-1 on 21 July 1992 for a period of 8 years.  He was ordered to initial active duty for training (IADT) and entered active duty on 16 October 1992.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

3.  The applicant submitted a copy of an Army ACE Registry Transcript System document that shows the Basic Combat Training Course located at the U.S. Army Training Center, Fort Leonard Wood, MO began on 23 October 1992 and ended on 17 December 1992.  The document also shows the Motor Transport Operator Motor Vehicle Operator Course, located at the same installation, began on 11 January 1993 and ended on 16 February 1993.

4.  The applicant's records contain a DD Form 214 for the period ending
17 February 1993 that shows he was released from active duty at the completion of his required training effective that date and transferred to a USAR unit.  Item 12c (Net Active Service This Period) of this DD Form 214 shows he was credited with 4 months and 2 days of net active service this period.  Item 12e shows he was credited with 2 months and 25 days of total prior inactive service.

5.  The applicant was honorably discharged from the USAR on 17 March 1993 for the purpose of enlisting in the RA.

6.  The applicant enlisted in the RA in pay grade E-2 on 18 March 1993 for a period of 3 years.  On 2 March 1995, he extended his 3-year enlistment by
9 months.  He was subsequently released from active duty on 6 December 1996, under the Holiday Early Release Program and transferred to the USAR Control 
Group (Reinforcement) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he was credited with completing 3 years, 8 months, and 20 days of total active service.  Item 12a (Date Entered AD [active duty] This Period) shows 17 March 1993.  Items 12d and 12e show zero credit for his prior active and inactive service.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated, in pertinent part, that 
the DD Form 214 would be prepared for all personnel at the time of retirement, discharge, or release from active duty.  The dates the Soldier entered on and separated from active duty would be entered in Items 12a and 12b.  Items 12c would contain the net active service time for the period covered by the DD Form 214.  Item 12d would contain the total amount of prior active service less lost time.  Item 12e would contain the total amount of prior inactive service (i.e., USAR and Army National Guard service) less lost time.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions that the DD Form 214 he was issued on 6 December 1996 should reflect he served on active duty from 16 October 1992 to 17 February 1993 and in the USAR from 21 July 1992 to 15 October 1992 have been noted and found to have merit. 

2.  The evidence of record shows the applicant enlisted in the USAR on 21 July 1992 and served in the USAR until 15 October 1992, for a period of 2 months and 25 days.  He entered on IADT on 16 October 1992, completed training, and was released from IADT on 17 February 1993.  He was issued a DD Form 214 crediting him with 4 months and 2 days of net active service this period and
2 months and 25 days of total prior inactive service.  He enlisted in the RA on
18 March 1993 and served continuously until his release from active duty on
6 December 1996.  He was issued a DD Form 214 with an ending period of 
6 December 1996, crediting him with 3 years, 8 months, and 20 days of net active service this period.  Item 12d does not show his credit of 4 months and
2 days prior active service and Item 12c does not show his credit of 2 months and 25 days of total prior inactive service.

3.  Therefore, based on the foregoing, the applicant is entitled to correction of Item 12d of his DD Form 214, with the ending period of 6 December 1996, to show 4 months and 2 days total prior active service.  He is also entitled to correction to Item 12e of the same DD Form 214 to show 3 months and 24 days of total prior inactive service in the USAR from 21 July 1992 to 15 October 1992 
(2 months and 25 days) and from 18 February 1993 to 17 March 1993 (29 days).
4.  During the processing of this case, it was noted that Item 12a of his DD Form 214 for the period ending 6 December 1996, shows the applicant entered on active duty on 17 March 1993.  However, the evidence shows he enlisted in the RA on 18 March 1993.  Therefore, Item 12a should be corrected to show he 
entered active duty this period on 18 March 1993 and credit him with 3 years,
8 months, and 19 days net active service this period in Item 12c.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the Department of the Army records of the individual concerned be corrected by:

 	a.  deleting from Item 12a of the applicant DD Form 214 for the period ending 
6 December 1996 the entry "1993 03 17" and replacing it with the entry "1993 03 18";

	b.  deleting from Item 12c of the applicant DD Form 214 for the period ending 
6 December 1996 the entry "0003 08 20" and replacing it with the entry
"0003 08 19";

	c.  deleting from Item 12d of the applicant DD Form 214 for the period ending 
6 December 1996 the entry "0000 00 00" and replacing it with the entry
"0000 04 02"; 

	d.  deleting from Item 12e of the applicant DD Form 214 for the period ending 
6 December 1996 the entry "0000 00 00" and replacing it with the entry
"0000 03 24"; and 

	e.  providing the applicant a corrected separation document as a result of these changes.



      __________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)                                         AR20080019473



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ABCMR Record of Proceedings (cont)                                         AR20080019473



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