BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090010693 


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 entry date onto active duty be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 May 2005.

2.  The applicant states, in effect, that his first DD Form 214 with a separation date of 18 May 2001 overlaps with his second DD Form 214 that has a separation date of 13 May 2005.  He states he served in the U.S Marine Corps, and then spent one year in the U.S. Marine Corps-Individual Ready Reserve before entering on active duty in the Army on 14 May 2002.  

3.  The applicant provides a copy of his active duty orders with the date he entered the Army in support of his application. 

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. Marine Corps and entered active duty on 19 May 1997.  Records show that he continuously served on active duty until he was honorably released on 18 May 2001 for completion of his required service and transferred to the U.S. Marine Corps Reserve Component.

3.  Upon his release from active duty, the applicant was issued a DD Form 214 by  the U.S. Marine Corps that shows the following entries in item 12 (Record of Service) in years(s), month(s) and day(s) format: 

	a.  Item 12a (Date Entered Active Duty [AD] this Period) as "1997 05 19";

	b.  Item 12b (Separation Date This Period) as "2001 05 18";
	
	c.  Item 12c (Net Active Service This Period) as "04 00 00"; and

	d.  Item 12e (Total Prior Inactive Service) as "00 00 05."

4.  Item 6 (Reserve Obligation Termination Date) of the applicant's DD Form 214 issued on 18 May 2001 shows that his termination date in the Ready Reserve was 1 February 2005.

5.  On 24 January 2002, the applicant requested a conditional release from the U.S. Marine Corps Reserve Component so he could enter the Regular Army and serve on active duty.  The approving official approved the applicant's conditional release on 14 May 2002.

6.  On 14 May 2002, records show the applicant enlisted in the Regular Army for a 3-year period of service.  He was honorably released from active duty on 13 May 2005 upon completion of his required active service.  The highest rank he attained was specialist/pay grade E-4.

7.  Upon his release from active duty, the applicant was issued a DD Form 214 that shows the following entries in item 12 (Record of Service) in years(s), month(s) and day(s) format: 

	a.  Item 12a (Date Entered AD this Period) as "1998 05 14";

	b.  Item 12b (Separation Date This Period) as "2005 05 13";
	
	c.  Item 12c (Net Active Service This Period) as "07 00 00"; 
	d.  Item 12d (Total Prior Active Service) as "04 00 00"; and 

	e.  Item 12e (Total Prior Inactive Service) as "00 00 00."
	
8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies, which assist the Veteran in obtaining the rights, and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It states that for item 12a, enter 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence, the applicant's date that he entered active duty in the Regular Army was on 14 May 2002.  The applicant contends that the DD Form 214 issued when he separated from the Regular Army is incorrect.  He states he did not enter the Regular Army on 14 May 1998.  Since the available evidence supports the applicant's contention, it would be appropriate to correct his records.

2.  As such, the applicant's DD Form 214 issued on 13 May 2005 should be corrected as follows in the in years(s), month(s) and day(s) format: 

	a.  Item 12a (Date Entered AD this Period) as "2002 05 14"; and 

	b.  Item 12c (Net Active Service This Period) as "03 00 00."

3.  The applicant's records show that he spent 1 year and 1 day in the Ready Reserve.  Therefore, his DD Form 214 with a separation date of 31 May 2005 should be corrected to show in Item 12e (Total Prior Inactive Service) as "01 00 01."


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 issuing a corrected DD Form 214 with the separation date of 13 May 2005 to show the following in years(s), month(s) and day(s) format: 

	a.  Item 12a (Date Entered AD this Period) as "2002 05 14"; 

	b.  Item 12c (Net Active Service This Period) as "03 00 00"; and 

	c.  Item 12e (Total Prior Inactive Service) as "01 00 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)                                         AR20090010693





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ABCMR Record of Proceedings (cont)                                         AR20090010693



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