IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100007655
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the true date he entered on active duty.
2. The applicant states he served on active duty in support of Operation Desert Storm from 10 December 1990 through 8 May 1991. His DD Form 214 incorrectly shows he entered on active duty on 10 December 1991 and separated on 8 May 1991.
3. The applicant provides:
* DD Form 214 with dates 19911210-19910508
* Orders A-12-012151, US Total Army Personnel Command, St. Louis, MO, dated 8 December 1990, ordering him to active duty with a reporting date of 11 December 1990
* Orders 127-126, Headquarters, US Army Training Center and Fort Dix, NJ, dated 7 May 1991, releasing him from active duty on 8 May 1991
* Various other orders
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. The applicant was a sergeant (SGT/E-5) in the US Army Reserve (USAR). He was called to active duty in support of Operation Desert Storm. He served in Southwest Asia (SWA) during the Gulf War. His records show he served from 10 December 1990 through 8 May 1991, a total of 4 months and 29 days.
3. 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 establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It provides the following instructions for completing item 12 (Record of Service):
* item 12a (Date Entered Active Duty (AD) This Period) - enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* item 12b (Separation Date This Period) - the Soldier's transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to active duty in support of Operation Desert Storm with a reporting date of 11 December 1990.
2. The applicant's DD Form 214 shows he reported on 10 December 1991 and was separated on 8 May 1991, an impossibility.
3. The DD Form 214 contains a typographical error in item 12a and should be corrected to read, 1990 12 10, not 1991 12 10.
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 correcting item 12a of his DD Form 214 to read "1990 12 10" for Year, Month, Day.
_______ _ _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) AR20100007655
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007655
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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