IN THE CASE OF: .
BOARD DATE: 14 July 2009
DOCKET NUMBER: AR20090004150
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 12a (Date Entered Active Duty) to show 21 April 1994. He also requests that Item 12c (Net Active Service This Period) be adjusted based on this correction.
2. The applicant states, in effect, he entered active duty on 21 April 1994 and not on 21 July 1992 as indicated on the DD Form 214 in question.
3. The applicant provides a DD Form 4 (Enlistment Record) and DD Form 214 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 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 DA Form 2-1 (Personnel Qualification Record) shows he initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) in April 1986 and that he enlisted in the Regular Army and entered active duty (AD) on 4 June 1988. It further shows he served on AD until
11 August 1992, at which time he was released from AD (REFRAD) and transferred to the USAR, where he served in a non-AD status through 20 April 1994.
3. On 21 April 1994, the applicant enlisted in the RA, in the grade of specialist (SPC), for 3 years and entered AD in that status. He served on AD until 24 June 2000, at which time he was honorably discharged, in the rank of sergeant.
4. The DD Form 214 the applicant was issued upon discharge on 24 June 2000 contains an entry in item 12a which shows he entered AD for this enlistment period on 21 July 1992. Item 12c contains an entry indicating he completed
7 years, 11 months, and 4 days of active military service during the period covered by the DD Form 214.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states, in pertinent part, that a DD Form 214 will be prepared for active Army Soldiers on termination of AD by reason of administrative separation.
6. Paragraph 2-4 of the separations document regulation contains guidance on completing the DD Form 214, which includes item-by item instructions. The instructions for item 12a state to enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. The instructions for item 12c state to enter the total amount of prior active military service less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the dates entered in item 12a and 12c of his 24 June 2000 DD Form 214 are in error was carefully considered and found to have merit.
2. By regulation, the date entered in item 12a will be the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
3. The evidence of record confirms the applicant enlisted in the RA and entered AD on the enlistment covered by the DD Form 214 in question on 21 April 1994, as evidenced by the DD Form 4 on file in his record. Further, the record confirms he served on AD for 6 years, 2 months, and 4 days until being honorably discharged on 24 June 2000. As a result, it would be appropriate to correct item 12a and item 12c of his 24 June 2000 DD Form 214 accordingly.
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 amending his 24 June 2000 DD Form 214 by deleting the current entry in item 12a and replacing it with the entry 1994 04 21; by deleting the current entry in item 12c and replacing it with the entry 0006 11 04; and by providing him a correction to his DD Form 214 that includes 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) AR20090004150
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004150
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000026
The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 1993 and 8 May 2000, as follows: * Item 12d (Total Prior Active Service) * Item 12e (Total Prior Inactive Service) * Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) * Army Good Conduct Medal (2nd Award) * Army Reserve Components Achievement Medal 2. The applicant provides: * 1993 and 2000 DD Forms 214 *...
ARMY | BCMR | CY2012 | 20120013257
The applicant requests the DD Form 214 (Certificate of Release from Active Duty) covering the period 22 August 1989 through 23 September 1992 be voided. The applicant states: * The period covered on this DD Form 214 is already included on another DD Form 214 from 22 August 1989 to 21 May 1999 * She was issued this DD Form 214 after being placed on the temporary disability retired list (TDRL) * A subsequent TDRL examination found her fit for duty; accordingly, she reenlisted in the Regular...
ARMY | BCMR | CY2013 | 20130012490
Item 12a (Date Entered Active Duty This Period) he entered active duty on 10 June 2000 instead of 15 August 2000; c. Item 12c (Net Active Service This Period) he completed 11 months of active duty instead of 8 months and 27 days of active duty; d. Item 12h (Effective Date of Pay Grade) his date of rank to CPT as 10 April 2000 instead of 30 July 1996; and e. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the: (1)...
ARMY | BCMR | CY2004 | 20040000866C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 January 2005 DOCKET NUMBER: AR20040000886 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Brenda K. Koch | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 12a (Date entered AD [Active Duty] This Period) of...
ARMY | BCMR | CY2013 | 20130000779
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 August 2003 to show in: * item 12a (Date Entered Active Duty This Period) 26 January 1997 * item 12b (Separation Date This Period) 6 June 2003 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) Global War on Terrorism Expeditionary Medal (GWOTEM) * item 18 (Remarks) remove the statement: "RELEASE...
ARMY | BCMR | CY2010 | 20100024012
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) for the period ending 26 August 2001 by amending item 12a (Date Entered AD) This Period) to show 21 February 1995. His record contains a third DD Form 4 that shows he reenlisted in the RA on 27 August 1997, for 4 years. Based on the dates contained on his DD Form 4, it would be appropriate to amend item 12a of his DD Form 214 for the period ending 26 August 2001 to show 7...
ARMY | BCMR | CY2009 | 20090017825
The applicant requests correction to the entries in item 12 (Record of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 1998. Item 12b (Separation Date This Period) - "2002 10 01"; c. Item 12c (Net Active Service This Period) - "0011 00 00"; d. Item 12d (Total Prior Active Service) - " 0000 06 00," based on her Army National Guard (ARNG) service; e. Item 12e (Total Prior Inactive Service) - "0004 00 00," based on 1 year of...
ARMY | BCMR | CY2009 | 20090017412
The available records do not contain a DD Form 214 (Report of Transfer or Discharge) covering the period 24 August 1972 to 29 April 1979 (total of 6 years, 8 months, and 6 days). However, the applicant's records contain a Certification of Military Service for the period 24 August 1972 to 29 April 1979 which was issued on 16 October 2009. In support of his claim, the applicant provided a DA Form 2339 which shows he completed 20 years and 7 days of enlisted service in the Regular Army from...
ARMY | BCMR | CY2008 | 20080015128
Application for correction of military records (with supporting documents provided, if any). The applicant's records contain a DD Form 4 that shows that the applicant enlisted in the Regular Army on 29 October 1996 for a period of 4 years. Therefore, item 12c of his DD Form 214 should be corrected to show 4 years.
ARMY | BCMR | CY2010 | 20100024929
The applicant requests correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 June 1992 to show a date of entry of 9 June 1991. It states for: a. item 12a, enter 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; b. item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (Separation Date This Period); and c. item...