IN THE CASE OF:	  

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090013165 


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 that he was discharged from the Army on 7 May 1990 instead of 7 May 1989.

2.  The applicant states that he was discharged from the Army on 7 May 1990, not on 7 May 1989 and that item 12a (Date Entered Active Duty This Period) and item 12b (Separation Date This Period) as shown on his DD Form 214 are incorrect.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD Form 256A (Honorable Discharge Certificate) 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.  On 20 June 1980, the applicant enlisted in the Regular Army (RA) in Baltimore, MD with no prior active service.  He enlisted for 3 years in the rank/
grade of private (PV1)/E-1.  He successfully completed his training and he was awarded military occupational specialty (MOS) 88M (motor transport operator).

3.  The applicant's records show that he reenlisted for an additional 3 years on
3 June 1983 and that he extended this period of enlistment for 15 months on
11 June 1984.

4.  On 2 July 1987, the applicant entered into his second reenlistment for a period of 5 years.

5.  Evidence of record shows that Headquarters, 1st Cavalry Division, Fort Hood, TX, Orders 073-125, dated 19 April 1990, reassigned the applicant to the U.S. Army Transition Point for the purpose of separation processing, effective 7 May 1990.  On 7 May 1990, he was administratively discharged with an honorable discharge, having completed 9 years, 10 months, and 18 days of net active service this period.

6.  Item 12a of the DD Form 214 that he was furnished at the time of his discharge shows his date entered on active duty this period as 29 June 1980 and item 12b shows his separation date this period as 7 May 1989.  Item 12c (Net Active Service This Period) show he was credited with 8 years, 10 months, and
9 days of net active service.

7.  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.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s 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.  It also provides, in pertinent part, that for:

	a.  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;

	b.  item 12b, enter the separation date this period; and

	c.  item 12c, enter the amount of service this period, computed by subtracting item 12a from item 12b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 12a of his DD Form 214 should be corrected to show his date of entry on active duty this period as 20 June 1980 and item 12b should be corrected to show his separation date this period as 7 May 1990.

2.  The applicant’s contentions have been considered and found to have merit.  His enlistment contracts clearly show he enlisted in the RA with no prior active service on 20 June 1980.  His records also show that after two reenlistments and one extension of service, he was honorably discharged from the Army on 7 May 1990.

3.  The errors made on the applicant’s DD Form 214 regarding item 12a and item 12b ultimately resulted in the miscalculation of his net active service in item 12c.

4.  Therefore, in view of the foregoing, it would now be in the interest of justice to correct the applicant's 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:

   a.  deleting from item 12a of his DD Form 214 the entry "80 06 29" and replacing it with the entry "80 06 20";
   
   b.  deleting from item 12b of his DD Form 214 the entry "89 05 07" and replacing it with the entry "90 05 07"; and

   c.  deleting from item 12c of his DD Form 214 the entry "08 10 09" and replacing it with the entry "09 10 18."



      ____________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)                                         AR20090013165



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ABCMR Record of Proceedings (cont)                                         AR20090013165



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