IN THE CASE OF:	

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090013418 


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 on active duty as 27 December 2002 instead of 27 December 2003.  

2.  The applicant states that he was ordered to active duty on 27 December 2002 per Orders M-350-0208, issued by Headquarters, 81st Regional Support Command (RSC), for a period of 365 days.  The orders were later amended by Orders 03-349-0056L that extended his period of active duty to 461 days, ending on 31 March 2004.  

3.  The applicant provides a copy of his DD Form 214, dated 31 March 2004; a copy of Orders M-450-0208 and Orders 03-349-00056L, issued by Headquarters, 81st RSC on 16 December 2002 and 15 December 2003; and a copy of Orders 047-0077, issued by Headquarters, U.S. Army Fort Dix, Fort Dix, NJ, on 16 February 2004, 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 Puerto Rico Army National Guard (PRARNG) on 13 December 1990.  He subsequently entered active duty for training (ADT) on 12 April 1991, completed basic training and advanced individual training, and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  He was released from ADT on 15 August 1991 to the control of his PRARNG unit.  He completed 4 months and 4 days of creditable active service.  

3.  The applicant's records also show he was discharged from the PRARNG on 15 July 1993 and he enlisted in the Regular Army (RA) for a period of 3 years on 16 July 1993.  He subsequently executed a 4-year reenlistment in the RA on 16 November 1995 and a 2-year reenlistment on 22 October 1999.  He was honorably discharged on 21 October 2001.  The DD Form 214 he was issued shows he completed 8 years, 3 months, and 6 days of creditable active service during the period covered by this DD Form 214 and he had 4 months and 4 days of prior active service.  He had a total of 8 years, 7 months, and 10 days of creditable active service.

4.  The applicant's records further show he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 1 June 2002.  He held MOS 95B (Military Policeman) and was assigned to the 724th Military Police Battalion, Fort Lauderdale, FL. 

5.  On 16 December 2002, Headquarters, 81st RSC, published Orders 
M-350-0208 ordering the applicant to active duty as a member of his Reserve unit in support of Operation Enduring Freedom for a period of 365 days.  He was ordered to report to the mobilization unit at Fort Lauderdale, FL, on 27 December 2002 and to Fort Dix, NJ, on 2 January 2003.  His orders were later amended on 15 December 2003 to show the period of active duty as 470 days.

6.  The applicant's records also show he subsequently served in Kuwait/Iraq from 7 February 2003 to 11 February 2004.  He was honorably released from active duty to the control of his USAR unit on 31 March 2004.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty (AD) This Period) shows the entry "2003  12  27";

	b.  Item 12b (Separation Date This Period) shows the entry "2004  03  31" 

	c.  Item 12c (Net Active Service This Period) shows the entry "0000  03  04"; and

	d.  Item 12d (Total Prior Active Service) shows the entry "0008  07  08."

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 his or her 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.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item 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 the Soldier is separated early, voluntarily extends or is extended for make-up 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 Title 10 USC 972 and non-creditable time after the expiration term of service (ETS) date, if any, are deducted and such time will be identified in item18 (Remarks).

	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 was ordered to active duty on 
27 December 2002 for a period of 365 days that was later changed to 470 days.  He served in Kuwait and Iraq and was honorably released from active duty on 31 March 2004.  He completed 1 year, 3 months, and 4 days of creditable active military service during this period.  However, his DD Form 214 erroneously listed his date of entry as 27 December 2003 (instead of 2002) and his net active service this period as 3 months and 4 days (instead of 1 year, 3 months, and 4 days).  Additionally, this DD Form 214 incorrectly listed his prior service as 8 years, 7 months, and 8 days (instead of 8 years, 7 months, and 10 days).

2.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  Therefore, he is entitled to correction of his DD Form 214 to show his correct entry date as 27 December 2002, his net active service during this period as 1 year, 3 months, and 4 days, and his prior active service as 8 years, 7 months, and 10 days.

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 items 12a, 12c, and 12d the current entries, and adding the entries "2002  12  27," "0001  03  04," and "0008  07  10." 




      _______ _ 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)                                         AR20090013418



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013418



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1