IN THE CASE OF:
BOARD DATE: 15 SEPTEMBE 2009
DOCKET NUMBER: AR20090007059
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date of his entry on active duty as March 1985.
2. The applicant states that he is being credited with a date of entry on active duty of March 1986 which gives him with only 3 years of active service instead of 4 years.
3. The applicant provides a copy of his DD Form 214.
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 enlistment contract shows that on 25 February 1985, the applicant enlisted in the United States Army Reserve (USAR) in Baltimore, Maryland, for 8 years, in the pay grade of E-1. His enlistment contract also shows that he enlisted in the Regular Army (RA) for 4 years on 7 March 1985.
3. After completing 3 years, 11 months, and 18 days of net active service, the applicant was honorably released from active duty (REFRAD) on 24 February 1989, under the provisions of Army Regulation 635-200, chapter 4, at the expiration of his term of service. He was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.
4. Item 12a on the DD Form 214 that he was furnished at the time of his REFRAD shows his date of entry on active duty this period as 7 March 1986 and item 12c shows his net active service this period as 02 years, 11 months, and 18 days.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon discharge from active military service. It establishes standardized policy for the preparation of DD Form 214. It states that item 12a will show the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. Items 12c will show the net active service for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he entered on active duty in March 1985.
2. The applicants contentions have been noted and his DD Form 214 does show incorrect information pertaining to his record of service.
3. The applicant enlisted in the RA on 7 March 1985 and he was REFRAD on 24 February 1989. His DD Form 214 should be corrected to reflect the appropriate date of his entry on active duty and his net active service should be properly calculated and annotated therein.
4. In view of the foregoing, it would be in the interest of justice to correct the applicants records as recommended below.
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. amending item 12a on his DD Form 214 to show his date of entry on active duty as 85 03 07; and
b. amending item 12c to show his net active service as 03 years, 11 months and 18 days.
_______ _ ___XXX____ ___
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) AR20090007059
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