BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090016836
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 to Item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 2004.
2. The applicant states that Item 12a of his DD Form 214 for the period ending 11 June 2004 should show he entered active duty on 5 November 1999 instead of 7 November 2000. The person who entered this information on his DD Form 214 made a clerical error.
3. In support of his application, the applicant provides a copy of his DD Form 214 for the period ending 5 November 1999 and 11 June 2004.
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's military records show he enlisted in the New York Army National Guard (NYARNG) in pay grade E-1 on 25 January 1999. He entered on active duty for training (ADT) on 23 June 1999 and was released from ADT on 5 November 1999 at the completion of required active service. He was reverted to the NYARNG. He was issued a DD Form 214 that shows in Item 12a the entry 23 June 1999 and in Item 12b (Separation Date This Period) the entry 5 November 1999.
3. The applicant was honorably discharged from the NYARNG on 6 November 2000, for the purpose of enlisting in the Regular Army. He was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for his period of service in the NYARNG from 25 January 1999 to 6 November 2000.
4. The applicant enlisted in the Regular Army on 7 November 2000 for 3 years. He was honorably discharged from active duty on 11 June 2004 by reason of disability with severance pay. He was issued a DD Form 214 that shows in Item 12a the date 7 November 2000.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that will be furnished each individual separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. It also established standardized policy for the preparation of the DD Form 214. It states that for Item 12a, enter 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 evidence shows the applicant enlisted in the NYARNG on 25 January 1999 and entered on ADT on 23 June 1999. He was released from active duty on 5 November 1999, reverted to the NYARNG, and provided a DD Form 214. The dates he entered on and was released from active duty this period are properly shown on this DD Form 214 for the period ending 5 November 1999.
2. The evidence also shows the applicant was discharged from the NYARNG on 6 November 2000 for the purpose of enlisting in the Regular Army and provided
an NGB Form 22 to document his National Guard service. He subsequently enlisted in the Regular Army on 7 November 2000 and served continuously until his discharge on 11 June 2004. The dates he entered on and was discharged from active duty are properly shown on this DD Form 214.
3. In accordance with regulatory guidance, Item 12a of the applicant's DD Form 214 for the period ending 11 June 2004 would list the date he entered on active duty and would show all time he served on active duty for the period covered by the DD Form 214. This DD Form 214 covered his period of service from his enlistment on 7 November 2000 through his discharge for disability on 11 June 2004. Therefore, he is not entitled to a correction of Item 12a of this DD Form 214 to show he entered on active duty on any other date. He has not shown error, injustice, or inequity for the relief he now requests.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ____x____ ___x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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.
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