IN THE CASE OF:
BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090007133
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, that his date of separation be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states no desired corrective actions to be taken on his application. However, he provided a copy of his DD Form 214 on which he highlighted Item 12b (Separation Date This Period). He also provided a memorandum which indicates the separation date entered on the DD Form 214 was erroneous.
3. The applicant provides a DD Form 214 and a memorandum as documentary evidence in support of this case.
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 shows he enlisted in the Regular Army and entered active duty on 6 April 1995. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).
3. Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Orders 357-0224, dated 23 December 1997, reassigned the applicant to the U.S. Army Transition Center, Fort Hood, Texas with a reporting date and discharge date of 23 December 1997.
4. Item 12b of the applicant's DD Form 214 shows that he was discharged from the Army on 22 December 1997.
5. Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Memorandum, dated 7 January 1998, Subject: Request for Correction of DD Form 214 shows the Chief of the Transition Center submitted a request to the Army Branch of the National Personnel Records Center, General Services Administration, St. Louis, Missouri. The purpose of this request was to correct Item 12b of the applicant's DD Form 214 as reads "1997 12 22" to read "1997 12 23."
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, the regulation states that Item 12b will show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his date of separation should be corrected on his DD Form 214 was carefully considered and determined to have merit.
2. Evidence shows the applicant's separation date was 23 December 1997.
3. Evidence shows that the applicant was issued a DD Form 214 on which his separation date erroneously appears as 22 December 1997. Contemporaneous policy prescribed inclusion of the separating service member's separation date on the DD Form 214. Therefore, the applicant is entitled to have his separation date correctly shown as 23 December 1997.
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
showing he was separated on "1997 12 23" and issuing the individual a document to show his DD Form 214 has been corrected to show this date.
_______ _ _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.
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