Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090020597
Original file (20090020597.txt) Auto-classification: Approved
		BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090020597 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 11 months and 8 days of "prior inactive service" instead of "prior active service."

2.  The applicant states his DD Form 214 contains an administrative error in that it shows he completed 11 months and 8 days of prior active service.  This period should have been listed as inactive as he was in the Delayed Entry Program (DEP) for 11 months and 8 days prior to enlisting in the Regular Army (RA).  He has been denied certain benefits because of this error.

3.  The applicant provides a copy of his DD Form 214, dated 3 June 1985, in support of his request.

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 records show he enlisted in the U.S. Army Reserve (USAR) under the DEP on 26 June 1980.  He served 11 months and 8 days in the DEP and requested to be discharged from the USAR for the purpose of enlistment in the RA.

3.  He was discharged from the DEP on 3 June 1981 and subsequently enlisted in the RA for a period of 4 years on 4 June 1981.  He was honorably released from active duty on 3 June 1985 and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

4.  The DD Form 214 he was issued shows he completed 4 years of creditable active service.  This form further shows the following entries:

* item 12a (Date Entered Active Duty This Period) shows "81  06  04"
* item 12b (Separation Date This Period) shows "85  06  03"
* item 12c (Net Active Service This Period) shows "04  00  00"
* item 12d (Total Prior Active Service) shows "00  11  08"
* item 12e (Total Prior Inactive Service) shows "00  00  00"

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:  Item 12a shows 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.  Item 12b shows the Soldier's transition date.  Item 12c shows the amount of active service this period, computed by subtracting item 12a from 12b.  Item 12d, obtained from previously-issued DD Forms 214, shows the total amount of prior active military service less lost time, if any (if not applicable, enter, "00  00  00").  Item 12e is obtained from previously-issued DD Forms 214 or Soldier's records.  It shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he enlisted in the DEP on 26 June 1980 and he was discharged from the DEP on 3 June 1981.  He completed 11 months and 8 days of inactive service.

2.  He then enlisted in the RA on 4 June 1981 and he was honorably released from active duty on 3 June 1984.  His DD Form 214 erroneously listed his 11 months and 8 days of inactive service in the prior active service block.  Therefore, he is entitled to correction of his DD Form 214 to show this period as 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:

	a.  deleting from item 12d of his DD Form 214 the entry "00  11  08" and adding the entry "00  00  00" and

	b.  deleting from item 12e of his DD Form 214 the entry "00  00  00" and adding the entry "00  11  08."



      ___________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)                                         AR20090020597



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020597



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120007846

    Original file (20120007846.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his enlistment date as 19 April 1982 vice 30 January 1986. The DD Form 214 he was issued shows the following entries: * item 12a (Date Entered Active Duty This Period) "1986 01 30" * item 12b (Separation Date This Period) "1992 09 30" * item 12c (Net Active Service This Period) "0006 08 01" * Item 12d (Total Prior Active Service) "0003 09 10" * Item 12e (Total Prior Inactive...

  • ARMY | BCMR | CY2010 | 20100017623

    Original file (20100017623.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2006 to show his entry date as 18 November 1981 instead of 12 July 1984. He completed 21 years, 9 months, and 19 days of active service between the date he reenlisted on 12 July 1984 and the date he retired on 30 April 2006.

  • ARMY | BCMR | CY2008 | 20080019736

    Original file (20080019736.txt) Auto-classification: Approved

    Army Regulation 635-5 further states that for Item 12e, from previously issued DD Forms 214 and/or ERB [Enlisted Record Brief], enter the total amount of prior inactive service, less lost time, if any. There is no evidence of record to show the applicant had any other period of inactive service except for his time in the DEP. The Board further recommends that the individual's records be corrected by adding to item 18 of the applicant's DD Form 214 the entry " PERIOD OF DEP (20040423 – 20040719)."

  • ARMY | BCMR | CY2012 | 20120007305

    Original file (20120007305.txt) Auto-classification: Denied

    His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), includes a DD Form 4/1 (Enlistment/ Reenlistment Document – Armed Forces of the United States) that shows he enlisted in the RA on 13 October 1981 for a period of 4 years. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. There is no evidence of...

  • ARMY | BCMR | CY2010 | 20100018129

    Original file (20100018129.txt) Auto-classification: Denied

    The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 September 1979 instead of 8 June 1984. The applicant provides a DD Form 214. She completed 4 years, 8 months, and 27 days of creditable active military service during this period of initial enlistment.

  • ARMY | BCMR | CY2014 | 20140017764

    Original file (20140017764.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his entry date as 1 November 1974 vice 31 October 1977. His DD Form 214 correctly captured his military service during this period of enlistment. Prior to 1 October 1979, the Army issued a separate DD Form 214 for each period of induction, enlistment, or reenlistment.

  • ARMY | BCMR | CY2011 | 20110001743

    Original file (20110001743.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 6 May 1975 instead of 30 October 1978. The regulation states not to issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. He completed 16 years, 7 months, and 1 day of creditable active service during the period covered by this DD Form 214: * item 12a of his DD Form 214 correctly reflects the entry "1978 10 30," the date...

  • ARMY | BCMR | CY2010 | 20100019756

    Original file (20100019756.txt) Auto-classification: Denied

    The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.

  • ARMY | BCMR | CY2010 | 20100017971

    Original file (20100017971.txt) Auto-classification: Approved

    The applicant requests correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 16 June 1975 instead of 26 December 1978. The applicant states he entered active duty in June 1975 but the date on his DD Form 214 is 26 December 1978 which is the date he reenlisted. His records do contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active...

  • ARMY | BCMR | CY2009 | 20090003330

    Original file (20090003330.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 July 1991, to show 23 August 1979. The applicant states, in effect, that his DD Form 214 only shows his record of service from his reenlistment date in 1983 to his separation date in 1991. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by...