IN THE CASE OF:	

		BOARD DATE:	  4 February 2010


		DOCKET NUMBER:  AR20090013157 


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 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and issuance of an Honorable Discharge Certificate.

2.  The applicant states the total active service he was credited with on his DD Form 214 is in error and he believes this resulted in not being issued an Honorable Discharge Certificate.

3.  The applicant provides his DD Form 214 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's record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that confirms he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 23 September 1981.  On 28 December 1981, he was discharged from the DEP and enlisted in the Regular Army on 29 December 1981 for 3 years.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he entered active duty on 29 December 1981 and reported to the Reception Station at Fort Jackson, South Carolina.  He completed one-station unit training at Fort Benning, Georgia, on 8 April 1982 and was awarded military occupational specialty 11B (Infantryman).

4.  On 11 December 1984, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement).  The DD Form 214 he was issued at the time shows he held the rank of specialist four (E-4) and had earned the Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Army Good Conduct Medal.

5.  Item 12a (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows he entered active duty on 29 December 1981 and item 12b (Separation Date This Period) shows he was separated on 11 December 1984.  Item 12c shows he completed 1 year, 11 months, and 13 days of active duty service during the period covered by the DD Form 214 and item 12e (Total Prior Inactive Service) shows he completed 3 months and 6 days of prior inactive USAR service.

6.  The applicant's official military personnel file contains USAR Personnel Center Orders D-12-094268, dated 23 December 1987, which directed the applicant's honorable discharge on 28 December 1987.  These orders contain a note that indicates these orders and the applicant's Honorable Discharge Certificate were mailed to his last known address on 9 February 1988.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214.  The instructions for item 12c state, in pertinent part, to enter the amount of service completed during the period covered by the DD Form 214, which is computed by subtracting item 12a from item 12b.

8.  Paragraph 2-10 of Army Regulation 635-5 contains guidance on issuing a DD Form 256A (Honorable Discharge Certificate) and DD Form 257A (General Discharge Certificate).  It states, in pertinent part, to issue these discharge certificates appropriately to all Soldiers receiving an honorable or general discharge.  Discharge certificates are issued upon discharge, not upon REFRAD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the total active duty service entered in item 12c of his DD Form 214 is incorrect was carefully considered and found to have merit.  By regulation, the total active duty service entered in item 12c is computed by subtracting item 12a from item 12b.

2.  In this case, the evidence of record confirms the applicant entered active duty on 29 December 1981 and was REFRAD on 11 December 1984, which is a total of 2 years, 11 months, and 13 days.  Clearly the entry in item 12c of the applicant's DD Form 214 which shows completion of 1 year, 11 months, and 13 days of active duty service was the result of an administrative error in the computation completed during his separation processing and should be corrected at this time.

3.  The evidence of record further shows that an Honorable Discharge Certificate was mailed to the applicant at his last known address on 9 February 1988 based on his 28 December 1987 honorable discharge from the USAR.  However, he apparently did not receive the certificate.  Therefore, it would be appropriate to issue him a replacement certificate at this time.

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 amending item 12c of his DD Form 214 by deleting the current entry and replacing it with the entry "02  11  13" and by issuing him a replacement Honorable Discharge Certificate based on his 28 December 1987 discharge.



      ____________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)                                         AR20090013157



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ABCMR Record of Proceedings (cont)                                         AR20090013157



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