IN THE CASE OF:	  

		BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090017715 


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 his active duty entry date of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 2 June 2003.

2.  The applicant states he entered active duty in the year 1996 not 1992 as shown on his DD Form 214 with a separation date of 2 June 2003.

3.  The applicant provides the following documents:

	a.  a DD Form 214 with a separation date of 2 June 2003,

	b.  a DD Form 214 with a separation date of 7 June 1991,

	c.  a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) dated 23 July 1996, and

	d.  an excerpt from his DA Form 2-1 (Personnel Qualification Record).

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 enlisted in the Regular Army on 8 June 1987 after entering the service in the U.S. Army Reserve (USAR) Delayed Entry Program on 4 June 1987.  He completed basic and advanced individual training meeting the qualifications for military occupational specialty (MOS) 11B (Infantryman).

3.  The applicant was honorably released from active duty upon the expiration of his term of service on 7 June 1991 and transferred to the USAR Control Group (Reinforcement).  He received a DD Form 214 showing he completed 4 years of active duty service.  Item 6 (Reserve Obligation Termination Date) shows his termination date in the Ready Reserve as 3 June 1995.

4.  On 23 July 1996, the applicant enlisted in the Regular Army for a 3-year period in his former MOS of 11B.  Item 7 (Previous Military Service upon Enlistment/Reenlistment) of his DD Form 4 contains no entries.

5.  On 15 September 1997, the applicant reenlisted for 5 years in the rank and grade of sergeant (SGT)/pay grade E-5.  He reenlisted for a bonus and for MOS 18E.  His DD Form 4 issued on this date shows it was his second reenlistment.

6.  On 16 April 2001, the applicant reenlisted for 5 years in the rank and grade of SGT/E-5.  He reenlisted for a bonus and his DD Form 4 shows it was his third reenlistment.

7.  Section VII (Current and Previous Duty Assignments) of the applicant's DA Form 2-1 shows the following

* U.S. Army Delayed Entry Program (Inactive Army) 19870604-19870607
* U.S. Army (Active) 19870608-19910607 
* USAR (Individual Ready Reserve (IRR)) 19910608-19950603

8.  Upon his discharge on 2 June 2003, the applicant received a DD Form 214 showing the following entries in item 12 (Record of Service) in years(s), month(s) and day(s) format


* item 12a (Date Entered AD [Active Duty] This Period) as "1992 07 23"
* item 12b (Separation Date This Period) as "2003 06 02"
* item 12c (Net Active Service This Period) as "0010 10 10" 
* item 12d (Total Prior Active Service) "0004 00 00"
* item 12e (Total Prior Inactive Service) as "0000 00 00"

9.  Item 18 (Remarks) of his DD Form 214 with a separation date of 2 June 2003 shows the entry "immediate reenlistments this period – 19960723-19970914, 19970915-20010415, 20010416-20030602//member has completed first full term of service."

10.  After a break in service, the applicant enlisted on 3 June 2008 for a 3-year period and currently is serving on active duty.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies, which assist the Veteran in obtaining the rights, and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It states that for 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence, the applicant's date he entered active duty in the Regular Army for his second enlistment period was on 23 July 1996.  The applicant contends that the DD Form 214 issued when he separated from the Regular Army after his second period of active duty service is incorrect.  He states he did not enter the Regular Army on 23 July 1992.  Since the available evidence supports the applicant's contention, it would be appropriate to correct his records.

2.  As such, the applicant's DD Form 214 issued on 2 June 2003 should be corrected as follows in the in years(s), month(s) and day(s) format

* item 12a (Date Entered AD This Period) as "1996 07 23"
* item 12c (Net Active Service This Period) as "0006 10 11"

3.  The applicant entered the USAR IRR on 8 June 1991 to complete his mandatory military service obligation.  Accordingly, on 3 June 1995 he was discharged.  His time in the inactive Army Reserve totaled 3 years, 11 months, and 27 days.  Therefore, his DD Form 214 with a separation date of 2 June 2003 should be corrected to show his total number of days of inactive service.

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 issuing a corrected DD Form 214 with the separation date of 2 June 2003 to show the following in years(s), month(s) and day(s) format

* item 12a as "1996 07 23"
* item 12c as "0006 10 11"
* item 12e as "0003 11 27"



      _____________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)                                         AR20090017715



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ABCMR Record of Proceedings (cont)                                         AR20090017715



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