IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090013492
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 his date of entry on active duty (AD) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 February 2001 be corrected.
2. The applicant states the DD Form 214 shows he entered the Army in 1996 and he did not get out of the U.S. Marine Corps (USMC) until 1998.
3. The applicant provides, in support of his application, his DD Form 214 with a separation date of 5 February 2001 and his DD Form 214 with a separation date of 22 December 1998.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant entered AD in the USMC on 31 January 1995 and he was released from active duty on 22 December 1998.
3. On 29 October 1999, the applicant enlisted in the Iowa Army National Guard (IAARNG). He was discharged from the IAARNG on 16 February 2000.
4. The applicant's DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the Regular Army on 17 February 2000.
5. On 5 February 2001, the applicant was discharged by reason of misconduct. He had completed 11 months and 19 days of active service that was characterized as under honorable conditions. Item 12a (Date entered AD This Period) contains the entry 1996 03 25 (1996 March 25), item 12b (Separation Date This Period) contains the entry 2001 02 05 (2001 February 05), and
item 12c (Net active Service This Period) contains the entry 0004 10 11 (4 years,
10 months, and 11 days).
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides that the beginning date of the continuous period of active duty for which the DD Form 214 is being issued be entered in item 12a of the DD Form 214. This regulation also provides that the date of separation be entered in item 12b and that the net service for the period shown would be computed by subtracting item 12a from item 12b and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his date of entry on AD on his DD Form 214 with a separation date of 5 February 2001 is incorrect.
2. The entry, 1996 03 25, in item 12a of the applicant's DD Form 214 is obviously in error because he was not released from active duty in the USMC until 22 December 1998. He then served a short period of service in the IAARNG.
3. The DD Form 4 shows he enlisted in the Regular Army on 17 February 2000. Therefore, the entry in item 12a should show 2000 02 17 (2000 February 17).
4. Re-computation of the applicant's net service using the corrected entry in item 12a to show his net active service as 11 months and 19 days. Therefore,
item 12c should be corrected to show 0000 11 19 (zero years, 11 months, and
19 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 amending his DD Form 214 issued on 5 February 2001 by:
a. deleting the entry in item 12a and adding "2000 02 17"; and
b. deleting the entry n item 12c and adding "0000 11 19."
_______ _ 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) AR20090013492
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ABCMR Record of Proceedings (cont) AR20090013492
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