IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090010539
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 item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he entered on active duty on 1 August 1986 instead of 1 August 1988.
2. The applicant states that he was in the service for 7 years.
3. The applicant provides a copy of his DD Form 214, a copy of his DA Form 2A (Personnel Qualification Record); two pages of his DA Form 2-1 (Personnel Qualification Record); and a copy of his Honorable Discharge Certificate.
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 DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows that 14 July 1986, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years in pay grade E-3. On 31 July 1986, he was discharged from the USAR DEP and he enlisted in the Regular Army (RA) on 1 August 1986 for 4 years in pay grade E-3. He successfully completed his training in military occupational specialty (MOS) 68D (aircraft powertrain repairer). He remained on active duty through two reenlistments.
3. On 20 December 1993, after completing 7 years, 4 months, and 20 days of net active service this period, the applicant was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24B(3), due to disability, with severance pay.
4. Item 12a on the DD Form 214 that he was furnished shows that he entered on active duty on 1 August 1988. His DD Form 214 also shows that he was separated on 20 December 1993 and that he completed 7 years, 4 months, and 20 days of net active service this period.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states the
DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 12a on his DD Form 214 should be corrected to show the date he entered on active duty as 1 August 1986 instead of 1 August 1988.
2. The applicants contentions have been noted and have been substantiated by the evidence of record. His DD Form 4 confirms that he enlisted in the RA on
1 August 1986 for a period of 4 years. Records also show that he continued to service by subsequent reenlistments until his disability separation on
20 December 1993.
3. There was an error made during the preparation of the applicants DD Form 214 which resulted in the incorrect date of entry on active duty this period being reflected therein. Therefore, his DD Form 214 should be corrected accordingly.
4. In view of the foregoing, it would now 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 deleting from item 12a of his DD Form 214 the entry "88 08 01" and replacing it with the entry "86 08 01."
__________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) AR20090010539
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