IN THE CASE OF:	  

		BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008859 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

	a.  Item 12a (Date Entered AD [Active Duty] This Period) be corrected to show “1995  08  17” instead of “1995  09  05”;

	b.  Item 12c (Net Active Service This Period) be corrected to show the years, months, and days as “0003  00  06” instead of “0002  11  10”; and

	c.  Items 19a (Mailing Address After Separation) and 19b (Nearest Relative) be “updated.”

2.  The applicant states he entered active duty on 17 August 1995.  He states he served for 3 years and 6 days instead of 2 years, 11 months, and 10 days.

3.  The applicant provides:

	a.  a copy of DA Form 3286-59 (Statement for Enlistment – U.S. Army Enlistment Program – US Army Delayed Enlistment Program);

	b.  a copy of his DD Form 214; and 

	c.  a piece of paper with his “updated” information for Items 19a and 19b.


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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for 8 years on 30 November 1994.  On 16 August 1995, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) for
3 years on 17 August 1995.

3.  During his active duty service the applicant was absent without leave from 11 June 1996 through 29 June 1996, a period of 19 days.  This information is recorded in Item 29 (Dates of Time Lost During This Period) of his DD Form 214.

4.  The applicant was released from active duty on 3 September 1998 upon completion of his required active service.  The DD Form 214 he was issued shows in:

   a.  Item 12a, the entry "1995  09  05";

	b.  Item 12b (Separation Date This Period) the entry "1998  09  03"; and

	c.  Item 12c, the entry "0002  11  10."

5.  Army Regulation 635–5 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It directs the following for completion of Item 12 (Record of Service):

	a.  Item 12a – Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;

	b.  Item 12b – Enter 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 makeup of lost time, or retained on active duty for the convenience of the Government; and

	c.  Item 12c – Enter the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after ETS (expiration of term of service), if any, are deducted.

6.  Army Regulation 635-5 directs the following for completion of Item 29.  For enlisted personnel, enter inclusive dates under Title 10, U.S. Code, section 972 (paragraph 2-4, Army Regulation 635–200), as well as time lost after normal ETS.  For example:  Time lost under Title 10, U.S. Code, section 972 780615 - 780616.  Time lost after normal ETS 780617 - 780618 (not chargeable under Title 10, U.S. Code, section 972).  This entry covers the period of service shown in items 12a and b.  If the member has no time lost during this period enter “none.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to reflect that he entered AD on 17 August 1995 and that he served 3 years and 6 days.  He also wants his DD Form 214 “updated” to reflect the current addresses for himself and his nearest relative.

2.  Regarding the “updating” of his mailing address and the address of his nearest relative, the DD Form 214 is a “snapshot in time.”  It reflects data that was correct for the period covered by the DD Form 214.  When the applicant was released from active duty in 1998, his address and the address of his nearest relative were correct.  The fact he and his relative may have moved since 1998 is of no consequence to his DD Form 214.

3.  Regarding the date the applicant entered on AD, his records show he was discharged from the DEP on 16 August 1995 and he enlisted in the RA on
17 August 1995.  Item 12a of his DD Form 214 is incorrect; therefore, it should be changed to reflect “1995  08  17.”

4.  The applicant served from “1995  08  17” through “1998  09  03,” for a period of 3 years and 18 days of net active service.  However, the applicant had lost time of 19 days from “1996  06  11 - 1996  06  29.”  This lost time was not made up and must be deducted from his net active service; therefore, his actual net active service this period should be 2 years, 11 months, and 29 days.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 12 of his DD Form 214 the entry "1995  09  05" and replacing it with the entry “1995  08  17”; and

	b.  deleting from Item 12c of his DD Form 214 the entry "0002  11  10" and replacing it with the entry "0002  11  29.”

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his net active service this period in Item 12c as “0003  00  06” and “updating” the addresses in Items 19a and 19b.



      ___________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)                                         AR20090008859



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ABCMR Record of Proceedings (cont)                                         AR20090008859



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