IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090005840
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 28 January 1997 as the date he entered active duty.
2. The applicant states that his DA Form 1059 (Service School Academic Evaluation Report) shows the correct date he entered active duty.
3. The applicant provides a copy of his DD Form 214 and DA Form 1059.
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 records show that he originally enlisted in the Regular Army on 1 August 1989. He served 2 years, 3 months, and 13 days and was honorably released from active duty on 13 November 1991.
3. On 7 December 1996, the applicant was appointed as a Reserve commissioned officer.
4. Item 12a of the applicants DD Form 214 issued on 1 May 2006 shows he entered active duty on 1 May 1997, a period of 9 years. The applicants net active service in item 12c, however, is listed as 9 years, 3 months, and 27 days. Additionally, item 14 (Military Education) of the applicant's DD Form 214 shows that he completed a 20-week Military Intelligence (MI) Officer Basic Course in June 1997.
5. The applicant's DA Form 1059 shows that he completed the resident MI Officer Basic Course at Fort Huachuca, Arizona, from 28 January 1997 through 4 June 1997.
6. Orders 353-15-A-965, dated 18 December 1996, contained in the applicant's official military personnel file (OMPF) show that the applicant was scheduled for temporary duty from 13 January 1997 to 23 July 1997. The purpose of his temporary duty was to attend the MI Officer Basic Course beginning on 17 March 1997. However, an early report date was authorized.
7. Army Regulation 635-5 (Personnel Separations), establishes 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 for period computed by subtracting item 12a from item 12b.
DISCUSSION AND CONCLUSIONS:
1. It is apparent that an error occurred in the preparation of the applicant's DD Form 214 issued on 1 May 2006. The applicant's DD Form 1059 verifies that he attended the resident MI Officer Basic course from 28 January 1997 through 4 June 1997, approximately 20 weeks in duration. This information is consistent with the information contained in item 14 of his DD Form 214 and his temporary duty orders.
2. Additionally, it is noted that item 12c on the applicants May 2006 DD Form 214 shows net active service during the period covered by the form as 9 years, 3 months, and 27 days which further supports a conclusion that the date the applicant entered active duty was 28 January 1997 and not 1 May 1997.
3. However, there also appears to have been a mathematical error in the calculation of the applicants net active service. In actuality the net active service between 28 January 1997 and 1 May 2006 is 9 years, 3 months, and 3 days, not 9 years, 3 months, and 27 days as currently recorded. As such, it would be appropriate, and in the interest of accuracy to correct item 12c as well.
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 item 12c of the applicants DD Form 214 issued on 1 May 2006;
b. adding to item 12a: "28 January 1997"; and
c. adding to item 12c: "9 years, 3 months, and 3 days."
____________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) AR20090005840
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