DOCKET NUMBER: AR20090003850
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 item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 20 February 1991.
2. The applicant states, in effect, that a letter, dated 4 February 2005, from the Army Board for Correction of Military Records (ABCMR) indicates that he entered the Army on 20 February 1991 and his DD Form 214 shows he enlisted on
21 April 1991. He contends that he needs his time in the military correct/accurate for his Federal retirement.
3. The applicant provides a copy of the 4 February 2005 ABCMR letter; a copy of ABCMR Record of Proceedings Docket Number AR20040000116; a copy of his DD Form 214; and an Honorable Discharge Certificate 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 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 enlistment contract, dated 20 February 1991, shows he enlisted in the Regular Army on 20 February 1991 for a period of 6 years. On
24 December 1991, he was honorably discharged due to physical disability that existed prior to entry on active duty as determined by a Medical Evaluation Board.
3. Item 12a on the applicant's DD Form 214 shows the entry "1991 04 21
[21 April 1991]. Item 12c (Net Active Service This Period) on his DD Form 214 shows he completed 8 months and 4 days of active service.
4. In support of his claim, the applicant provided a copy of ABCMR Record of Proceedings Docket Number AR20040000116 which states, in pertinent part, that he enlisted in the Regular Army on 20 February 1991.
DISCUSSION AND CONCLUSIONS:
The applicant's enlistment contract shows he enlisted in the Regular Army on
20 February 1991. Therefore, item 12a on his DD Form 214 should be corrected. In addition, item 12c on his DD Form 214 should be corrected to show he completed 10 months and 5 days of 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 item 12a and 12c on his DD Form 214;
b. adding the entry "1991 02 20" in item 12a on his DD Form 214; and
c. adding the entry "00 10 05" in item 12c on his DD Form 214.
_______ _ _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) AR20090003850
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090003850
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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