IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090004788
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 the date of entry listed in item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that the date of entry on his DD Form 214 is incorrect.
3. The applicant provides a Military Entrance Processing Station (MEPS) accession document (714ADP) 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 applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows he enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 3 December 1990. Item 20a (Discharge from Delayed Entry/Enlistment Program) shows he was discharged from the DEP and enlisted in the Regular Army (RA) and entered active duty on 8 January 1991. Item 22a (Confirmation of Enlistment or Reenlistment) shows he took his RA oath on 8 January 1991.
3. The applicant's DA Form 2-1 shows he entered active duty in the rank of private first class (PFC) on 8 January 1991, and that this is the highest rank he attained while serving on active duty. It also shows he was reduced to
private/E-1 (PV1) on 7 June 1993. Item 21 (Time Lost) shows the applicant was absent without leave (AWOL) from 20 March through 18 April 1993.
4. On 26 August 1993, the applicant was discharged, in the rank of PV1, after completing 2 years, 6 months, and 20 days of creditable active military service and accruing 29 days of time lost due to AWOL.
5. The DD Form 214 issued to the applicant on 26 August 1993, shows he was separated under the provisions of paragraph 14-12c, Army Regulation 635-200, by reason of misconduct, and received a general, under honorable conditions discharge (GD). Item 12a contains an entry indicating he entered active duty on 8 January 1992.
3. The applicant provides a MEPS accession document that was prepared upon his enlistment in the RA and entry on active duty, which is dated 8 January 1991.
4. 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 preparation of the DD Form 214 and contains item-by-item instructions. The instructions for Item 12a are to enter the beginning date of the continuous period of active duty for issuance of a DD Form 214 for which a
DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the entry date in item 12a of his DD Form 214 is incorrect was carefully considered and found to have merit. The DD Form 4 on file confirms the applicant enlisted in the RA and entered active duty on
8 January 1991, not 1992, as is indicated in item 12a of his DD Form 214. As a result, it would be appropriate to correct item 12a 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 item 12a of his DD Form 214 by deleting the current entry and replacing it with the entry "1991 01 08"; and by providing him a correction to his DD Form 214 that includes this change.
_______ _ 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) AR20090004788
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