IN THE CASE OF:	  

		BOARD DATE:	      19 MAY 2009

		DOCKET NUMBER:  AR20080019831 


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 the date he entered active duty on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 September 1998 be corrected to show 9 September 1988 and his net active service this period be corrected to show 10 years and 14 days.

2.  The applicant states, in effect, that items 12a (Date Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) of his 1998 DD Form 214 are incorrect.

3.  The applicant provides copies of his enlistment/reenlistment documents, DA Form 71 (Oath of Office – Military Personnel), and discharge and active duty orders 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 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 records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for a period of 8 years.  On 8 August 1988 he was discharged from the DEP and enlisted in the Regular Army (RA) on 9 August 1988 for a period of 4 years in the pay grade of E-3.

3.  On 11 May 1992, the applicant reenlisted in the RA for 3 years in the pay grade of E-5.  His reenlistment document shows that he had 3 years, 
9 months, and 2 days of total active military service at the time of his reenlistment.

4.  On 13 February 1995, the applicant reenlisted in the RA for 6 years in the pay grade of E-6.  His reenlistment document shows he had 6 years, 6 months, and
4 days at the time of his reenlistment.

5.  Orders 216-69, dated 4 August 1998, show that the applicant was discharged from the RA on 22 September 1998, for the purpose of accepting a commission in the USAR.

6.  The applicant's DA Form 71 shows that on 23 September 1998 he executed a DA Form 71 as a Reserve Commissioned Officer.

7.  Orders 236-76, dated 24 August 1998, show that the applicant was ordered to active duty and commissioned as a second lieutenant, effective 23 September 1998.

8.  The applicant's DD Form 214 for the period ending 22 September 1998 shows the following:

   a.  Item 12a (Date Entered AD This Period) - "1995  02  13";
   
   b.  Item 12b (Separation Date This Period) - "1998  09  22"; and
   
   c.  Item 12c (Net Active Service This Period) - "0003  07  10." 


9.  The applicant's Official Military Personnel File (OMPF) contains his DD Form 214 that was issued on 31 December 2008 by reason of sufficient service for retirement.  This form shows that the applicant entered active duty this period on
23 September 1998 and was retired on 31 December 2008.  The applicant's total prior active service is listed as 10 years, 1 month, and 14 days.

10.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 12a requires the preparer to enter the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued.  Additionally, item 12c is the amount of service this period, computed by subtracting item 12a from 12b. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant indicates that he entered active duty on 9 September 1988, the evidence of record shows that he actually entered active duty on 
9 August 1988.  The evidence also shows that through a series of reenlistments, he remained in the RA as an enlisted Soldier until he was discharged on           22 September 1998. Therefore, the applicant is entitled to correction of item 12a of his DD Form 214 for the period ending 22 September 1998 to show the date he entered active duty as 9 August 1988.  

2.  Additionally, based on the date he entered active duty this period and the date he was separated this period, he served for 10 years, 1 month, and 14 days.  This information is consistent with his total prior active service listed on his retirement DD Form 214.  Therefore, in view of these facts, the applicant is entitled to correction of item 12c of his DD Form 214 for the period ending
22 September 1998 to show 10 years, 1 month, and 14 days.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 12a of the applicant's DD Form 214 for the period ending 22 September 1998 the entry "1995  02  13" and replacing it with the entry "1988  08  09"; and

	b.  deleting from item 12c of the applicant's DD Form 214 for the period ending 22 September 1998 the entry "0003  07  10" and replacing it with the entry "0010  01  14."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 12a of his DD Form 214 for the period ending 22 September 1998 to show 9 September 1988 and item 12c of his DD Form 214 for the period ending 22 September 1998 to show 10 years and 14 days.



      _________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)                                         AR20080019831



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ABCMR Record of Proceedings (cont)                                         AR20080019831



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