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
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ABCMR Record of Proceedings (cont) AR20090020597
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