IN THE CASE OF:	  

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012841 


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 his date of entry as 27 July 2000 instead of 19 February 2000.

2.  The applicant states that his DD Form 214 contains the wrong date of entry on active duty.

3.  The applicant provides a copy of his DD Form 214 for the period ending
2 September 2003 and a copy of his DD Form 4 (Enlistment/Reenlistment Document) dated 27 July 2000 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 Arkansas Army National Guard (ARARNG) for a period of 8 years on 5 June 1998.  He subsequently entered active duty for training (ADT) on 25 May 1999, completed basic combat and advanced individual training, and he was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).  He was released from ADT on 2 November 1999 to the control of his ARNG unit.  The DD Form 214 he was issued shows he completed 5 months and 8 days of creditable active service.

3.  The applicant's records further show he enlisted in the Regular Army (RA) for a period of 4 years on 27 July 2000.  He also executed a 19-month extension in the RA on 25 October 2002.  He was discharged on 2 September 2003 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty This Period) shows the entry "2000  02  19";

	b.  Item 12b (Separation Date This Period) shows the entry "2003  09  02";

	c.  Item 12c (Net Active Service This Period) shows the entry "0003  06  14"; and

	d.  Item 12d (Total Prior Active Service) shows the entry "0000  00  00."

7.  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 their 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.  Item 12 shows the Record of Service.  Extreme care is used when completing this block 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 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;

	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 ETS, if any, are deducted and such time will be identified in block 18 (Remarks); and

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter “00  00  00.”

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the ARARNG on 5 June 1998.  He subsequently entered ADT on 25 May 1999 and he was released from ADT on 2 November 1999.  He completed 5 months and 8 days of creditable active service and he was issued a DD Form 214 that captured this period of ADT.

2.  The evidence of record also shows the applicant enlisted in the RA on 27 July 2000 and was discharged on 2 September 2003.  He completed 3 years,
1 month, and 7 days of active service during this period of service.  The DD Form 214 he was issued erroneously listed his date of entry as 19 February 2000; his net active service during this period as 3 years, 6 months, and 14 days; and his total prior active service as zero.

3.  Based on the foregoing, the applicant is entitled to correction of his DD Form 214 to show he entered active service on 27 July 2000; he completed 3 years,
1 month, and 7 days of active service during this period; and he had 5 months and 8 days of prior 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 from item 12a of his DD form 214 for the period ending
2 September 2003 the entry "2000  02  19" and replacing it with the entry
"2000 07  27";

	b.  deleting from item 12c of his DD Form 214 for the period ending
2 September 2003 the entry "0003  06  14" and replacing it with the entry
"0003  01  07"; and

	c.  deleting from item 12d of his DD form 214 for the period ending 
2 September 2003 the entry "0000  00  00" and replacing it with the entry
"0000  05  08."



      ___________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)                                         AR20090012841



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ABCMR Record of Proceedings (cont)                                         AR20090012841



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