IN THE CASE OF:
BOARD DATE: 18 March 2010
DOCKET NUMBER: AR20090015368
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 the entry date on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
24 October 2000 to show 30 January 2000.
2. The applicant states this DD Form 214 shows he entered active duty on the same date (29 January 2000) as the previous DD Form 214 shows he was released from active duty. The two dates should be one day apart, not the same date.
3. The applicant provides copies of five DD Forms 214.
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 active duty as a Regular Army (RA) Military Intelligence Officer on 27 May 1981. He has served continuously either in the RA, U.S. Army Reserve (USAR), or in the Army National Guard (ARNG) since that date.
3. On 11 January 1999 he entered active duty from his ARNG unit in an active duty for special work (ADSW) status.
4. His official record does not contain any orders to clarify what the duration of this period was to have been. However, the DD Form 214 prepared to reflect this service period shows he was released from ADSW status on 29 January 2000.
5. The DD Form 214 in question shows the applicant was ordered to active duty in support of Operation Joint Forge and served in Bosnia. The DD Form 214 issued for this period of service shows service from 29 January 2000 through 27 October 2000.
6. Subsequent to this period, the applicant served on active duty on two additional occasions, first in support of the Global War on Terrorism from 1 November 2007 through 5 July 2009 and then for a period of active duty for training from 6 July 2009 through 31 July 2009. He received a DD Form 214 for each of these periods.
7. Both of the DD Forms 214 issued in 2009 are incomplete at the blocks for prior active and inactive service. As of this time no DD Form 215 has been issued to provide the missing information.
8. 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 establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part it states:
a. that extreme care must be taken in completing block 12 (Record of Service) since post-service benefits, final pay, retirement credit, and so forth are based on this information; and
b. the entry at block 12a (Date Entered Active Duty (AD)) is the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant states this DD Form 214 shows he entered active duty on the same date (29 January 2000) as the previous DD Form 214 shows he was released from active duty. The two dates should be one day apart and not the same date.
2. The same date can not be used for both a date of his separation from active duty and the subsequent date of entry onto active duty.
3. It appears that a typographical error occurred in the completion of the applicant's DD Form 214 for the period ending 24 October 2000. The date of entry for this period should be the day after his release from his ADSW service, on 30 January 2000.
4. Therefore, it is appropriate to correct his DD Form 214 for the period ending 24 October 2000 to show a date of entry of 30 January 2000.
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 item 12a of his DD Form 214 for the period ending 24 October 2000 the entry "00 01 29" and replacing it with the entry "00 01 30."
___________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) AR20090015368
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ABCMR Record of Proceedings (cont) AR20090015368
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