IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090017296
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 item 12a (Date Entered Active Duty This Period), item 12c (Net Active Service This Period), and item 12e (Total Prior Inactive Service) of his 31 January 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the items in question were changed at the National Personnel Records Center with no explanation.
3. The applicant provides his DD Form 214 in support of the 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. The applicant's record shows he was commissioned as a second lieutenant (2LT) in the U.S. Army Reserve (USAR) out of the Reserve Officers' Training Corps on 20 November 1967. His DA Form 2-1 (Personnel Qualification Record - Part II) shows the effective date of his 2LT grade in the USAR as 20 November 1967 and the effective date of his 2LT grade in the Army of the United States (AUS) as 26 November 1967. Section III - Service Data of the applicant's Officer Record Brief (ORB) lists the date of his entry on active duty as 26 November 1967 in the Entered Active Duty Current Tour block. It also shows his 2LT active date of rank as 26 November 1967 in the 2LT/Warrant Officer 1 block. A DA Form 2 (Personnel Qualification Record - Part I), dated 19 November 1990, lists his basic active service date as 26 November 1967.
3. The applicant's record shows he continuously served on active duty through 31 January 1991, at which time he was honorably retired. Item 12a contains an entry indicating he entered active duty on 22 October 1967. Item 12c contains an entry indicating he completed 23 years, 3 months, and 9 days of active military service during the period covered by the DD Form 214. Item 12e contains an entry indicating he completed 1 month and 5 days of prior inactive service.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparation of the DD Form 214. The regulation provides the following instructions for the items indicated:
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 (Separation Date This Period) - Enter Soldier's transition (separation) date.
c. Item 12c - Enter the amount of service this period, computed by subtracting item 12a from item 12b.
d. Item 12e - Enter the total amount of prior inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that items 12a, 12c, and 12e of his DD Form 214 should be corrected has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant was appointed as a 2LT in the USAR on 20 November 1967 and after completing 6 days of inactive service he entered active duty in that status on 26 November 1967. It also confirms he was honorably retired on 31 January 1991 after completing 23 years, 2 months, and 5 days of active military service, as evidenced by his ORB and DA Forms 2 and 2-1. As a result, it would be appropriate to correct items 12a, 12c, and 12e of his DD Form 214 accordingly.
BOARD VOTE:
___X____ ____X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 as follows:
a. item 12a - delete the current entry and replace it with the entry "1967 11 26,"
b. item 12c - delete the current entry and replace it with the entry "0023 02 05," and
c. item 12e - delete the current entry and replace it with the entry "0000 00 06."
___________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) AR20090017296
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