DOCKET NUMBER: AR20090001905
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 9 April 1999 as the date he entered active duty. He also requests that his total prior active service be corrected to show 3 years.
2. The applicant states that the dates shown on his DD Forms 214, issued on
8 April 2002 and 8 November 1997, overlap. He offers that item 12a on the 2002 DD Form 214 incorrectly shows 9 April 1996 as the date he entered active duty and it should be shown as 9 April 1999. He also states that item 12d does not show 3 years of total prior active service.
3. The applicant provides two DD Forms 214, Orders 066-2 and enlistment documents.
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 applicants records show he enlisted in the Regular Army on 9 November 1994. He served 3 years and was honorably separated on 8 November 1997.
3. Military Entrance Processing Station Orders 066-2, dated 9 April 1999, and the applicants enlistment documents show that, on 9 April 1999, the applicant
re-entered the Regular Army in pay grade E-4 for a period of 3 years. His records show he was honorably discharged on 8 April 2002.
4. Item 12a of the applicants DD Form 214, issued on 8 April 2002, shows he entered active duty on 9 April 1996. This DD Form 214 also shows his net active service in item 12c equals 6 years. Item 12d shows he has no prior active service.
5. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the
DD Form 214. The regulation states, in pertinent part, to enter in item 12a 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. In item 12c enter the amount of service this period, computed by subtracting item 12a from 12b. Enter in item 12d the total amount of prior active military service less lost time, if any. If not applicable, enter "00 00 00."
DISCUSSION AND CONCLUSIONS:
1. It is apparent that an error occurred in the preparation of the applicant's
DD Form 214 issued on 8 April 2002. The applicant's enlistment documents verify that he entered active duty on 9 April 1999. Therefore, the applicant's
DD Form 214 should be corrected to show this date in item 12a. Item 12c should also be corrected to show 3 years of net active service this period instead of
6 years.
2. Additionally, the applicant's DD Form 214 issued on 8 November 1997 shows he was credited with completing 3 years of active service.
3. Therefore, the applicant's DD Form 214, item 12d, issued on 8 April 2002, should be corrected to show he completed 3 years of total prior active service.
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. deleting the entries in items 12a, 12c and 12d of the applicants DD Form
214 issued on 8 April 2002;
b. adding to item 12a 9 April 1999;
c. adding to item 12c 3 years; and
d. adding to item 12d 3 years.
_______ _ __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.
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ABCMR Record of Proceedings (cont) AR20090001905
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