IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090008742 


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 he entered active duty as 20 February 2003 instead of 15 September 2004.

2.  The applicant states, in effect, that his DD Form 214 shows an incorrect date of entry on active duty.

3.  The applicant provides copies of his DD Form 214, dated 15 September 2004; a copy of Orders 028-005, issued by the San Diego Military Entrance Processing Station (MEPS), on 20 February 2003; a copy of page 1 of his Standard Form 86 (National Security Check Questionnaire), dated 2 December 2002; a copy of his DA Form 3286-66 (Statement of Understanding-U.S. Army Incentive Program); a copy of his DD Form 4 (Enlistment/Reenlistment Document), dated 22 November 2002; a copy of his MEPS Accession Data Sheet, dated 20 February 2003; and a copy of his DD Form 1966/1 (Record of Military Processing), dated 20 February 2003, in support of his request.

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 applicant’s 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 applicant’s 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 he enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 22 November 2002.  He acknowledged that he understood he would be ordered to active duty as a Reservist unless he enlisted in the Regular Army (RA) by 20 February 2003.  

3.  The applicant’s records also show that he remained in the DEP for 2 months and 29 days and enlisted in the RA for a period of 4 years on 20 February 2003.  He completed basic combat and advanced individual training and was awarded military occupational specialty 25Q (Multichannel Transmission Systems Operator/Maintainer).  He was honorably discharged on 1 December 2005 by reason of a disability that existed prior to service.  He completed 2 years, 9 months, and 12 days of active duty.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty (AD) This Period) shows
"2004  09  15";

	b.  Item 12b (Separation Date This Period) shows "2005  12  01"; 

	c.  Item 12c (Net Active Service This Period) shows "0002  08  29"; and

	d.  Item 12e (Total Prior Inactive Service) shows "0000  00  00."

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

	a.  Item 12a shows 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 12b shows the Soldier’s transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after expiration of term of service, if any, are deducted and such time will be identified in item18 (Remarks).

	d.  Item 12e is obtained from previously issued DD Forms 214 and/or the Enlisted/Officer Record Brief, shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the RA on 20 February 2003 and was honorably discharged on 1 December 2005.  He completed 2 years, 9 months, and 12 days of creditable active military service during this period of enlistment.  The DD Form 214 he was issued shows an incorrect date of entry and an incorrect net active service served.  

2.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The applicant’s DD Form 214 incorrectly reflects his record of service and contains errors.  Therefore, he is entitled to correction of his DD Form 214 the correct date of entry and correct period of active service. 

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 entry "2004  09  15" from item 12a and adding the entry
"2003  02  20"; and

	b.  deleting the entry "0002  08  29" from item 12c and adding the entry
"0002  09  12."




      _______ _   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)                                         AR20090008742





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ABCMR Record of Proceedings (cont)                                         AR20090008742



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