BOARD DATE: 1 June 2010
DOCKET NUMBER: AR20090020184
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 that the date he entered active duty (EAD) shown on his DD Form 214 (Certificate of Release of Release or Discharge from Active Duty) be changed to 29 August 1986.
2. The applicant states that the date on his DD Form 214 shows his EAD date as
29 September 1986.
3. The applicant provides a copy of his DD Form 214 and a copy of Orders Number 143-14-A-1287 dated 4 August 1986.
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. Orders Number 143-14-A-1287, Headquarters, First ROTC Region, Fort Bragg, NC, dated 4 August 1986, show that the applicant was ordered to active duty in the Regular Army (RA) on the date he executes his oath of office.
3. The applicant's record contains a DA Form 71 (Oath of Office) which shows he executed his oath of office on 29 August 1986.
4. Item 12a (Date Entered AD This Period) of the applicants DD Form 214 shows that he entered active duty on 29 September 1986.
5. The applicant's record contains an Officer Record Brief dated June 1990 which shows his EAD date as 29 August 1986.
6. Item 10 (Period of Report) of the applicants Service School Evaluation Report was from 29 August 1986 through 6 February 1987.
7. 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 also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ORB), separation approval authority documentation or order, or any other document authorized for filing in the Official Military Personnel File (OMPF).
8. Paragraph 2-4 (Completing the DD Form 214) of the separation documents regulation, contains item-by-item instructions for completing the DD Form 214. The instructions for Item 12 (Record of Service) specify, in pertinent part, for Block a (Date Entered AD This Period) enter the beginning date of the continuous period of AD for issuance of this DD Form 214.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was ordered to active duty as an RA officer on 29 August 1986, the date he executed his oath of office. Corroborating evidence of record shows the applicant's EAD as 29 August 1986. Therefore, the applicants record should be corrected to show 29 August 1986 as the effective date he entered active duty.
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 to show the following in Item 12a of the applicant's DD Form 214 by:
* deleting the date "1986 09 29"
* adding the date "1986 08 29"
________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) AR20090020184
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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