IN THE CASE OF:	

		BOARD DATE:	15 September 2009  

		DOCKET NUMBER:  AR20090003821 


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) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 2001 to show 4 years, 1 month, and 11 days. 

2.  The applicant states that this DD Form 214 records 16 years, 7 months, and 10 days of total active duty, when in fact, he completed 17 years, 1 month, and 
1 day of total active duty as reflected on his retirement points statement.  He contends the DD Form 214 shorts him 6 months and 1 day when compared to his retirement points statement.  He points out that he is currently serving on an active duty service obligation retiree recall tour of 1 year and he will be eligible for sanctuary (18-year lock in) at its conclusion.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
30 May 2001 and his ARPC Form 249-E (U.S. Army Reserve (USAR) Personnel Command - Chronological Statement of Retirement Points) 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 was commissioned a second lieutenant in the USAR on 12 May 1973.  He entered active duty on 17 February 1974 and he was released from active duty on 4 April 1974.

3.  Item 22a(2) (Other Service) on the applicant's DD Form 214 for the period ending 4 April 1974 shows he had 9 months and 5 days of other service.  Item 22b (Total Active Service) on this DD Form 214 shows he had 1 month and 
18 days of active service.

4.  The applicant entered active duty on 5 May 1974 and he was released from active duty on 16 February 1976.

5.  Item 18b (Prior Active Service) on the applicant's DD Form 214 for the period ending 16 February 1976 shows he had 1 month and 18 days of prior active service.  Item 18c (Total Active Service) on this DD Form 214 shows he completed 2 years of active duty.  Item 18c (Prior Inactive Service) on this DD Form 214 shows he had 9 months and 5 days of prior inactive service. 

6.  The applicant entered active duty on 15 May 1983 and he was released from active duty on 30 September 1983.

7.  Item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 30 September 1983 shows he completed 4 months and 
15 days.  Item 12d (Total Prior Active Service) on this DD Form 214 shows he completed 2 years, 9 months, and 5 days of prior active service.    

8.  The applicant entered active duty on 17 February 1986 and he was released from active duty on 14 July 1986.

9.  Item 12c on the applicant's DD Form 214 for the period ending 14 July 1986 shows he completed 4 months and 28 days.  Item 12d on this DD Form 214 shows he completed 3 years, 1 month, and 20 days of prior active service.  


10.  The applicant entered active duty on 9 January 1987 and he was released from active duty on 3 May 1987.

11.  Item 12c on the applicant's DD Form 214 for the period ending 3 May 1987 shows he completed 3 months and 25 days.  Items 12d and 12e (Total Prior Active Service) on this DD Form 214 show the entry "DNA" [data not available].   

12.  The applicant entered active duty on 30 October 1987 and he was released from active duty on 30 May 2001.

13.  Item 12c on the applicant's DD Form 214 for the period ending 30 May 2001 shows he completed 13 years, 7 months, and 1 day.  Item 12d on this DD Form 214 shows he completed 3 years and 9 days of prior active service. 

14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation states, in pertinent part, that 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, will be entered in item 12a on the DD Form 214.  It also states that total prior active service will be taken from previously-issued DD Forms 214.

DISCUSSION AND CONCLUSIONS:

1.  Total prior active service on the DD Form 214 is taken from previously-issued DD Forms 214.  Therefore, total prior active service on a DD Form 214 will not necessarily agree with the amount of active service shown on a Chronological Statement of Retirement Points, which includes active duty (such as annual training) for which a DD Form 214 is not prepared.

2.  However, it appears that item 12d on the applicant’s DD Form 214 for the period ending 30 May 2001 is incorrect.  

3.  It is noted that item 12d on the applicant’s DD Form 214 for the period ending 30 September 1983 erroneously shows he had 2 years, 9 months, and 5 days of prior active service when it should have reflected a period of 2 years.  It appears this erroneous entry was carried forward on his subsequent DD Forms 214 as evidenced by item 12d on his DD Form 214 for the period ending 14 July 1986.  It is also noted that data was not available for item 12d on the applicant's DD Form 214 for the period ending 3 May 1987.  

4.  Since the applicant’s records are not complete the U.S. Army Human Resources Command, St. Louis, MO should review the applicant’s entire records and calculate his prior active service.  Any corrections to item 12d should then be made, if necessary, to his DD Form 214 for the period ending 30 May 2001 and, if necessary, consideration should be given to the applicant's entitlement under sanctuary.

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:

   a.  reviewed by the U.S. Army Human Resources Command, St. Louis, to calculate his prior active service as of 30 May 2001; 
   
   b.  make any necessary corrections to item 12d on his DD Form 214 for the period ending 30 May 2001; and 

     c.  if corrections are required, give necessary consideration to his entitlement under sanctuary.

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 amending item 12d on his DD Form 214 for the period ending 30 May 2001 without his service being first calculated by the U. S. Army Human Resources Command, St. Louis.



      __________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)                                         AR20090003821



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003821



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1