BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100007760
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 September 1992 (hereafter referred to as her DD Form 214 in question) to show "86 11 19" in item 12a (Date Entered Active Duty This Period).
2. The applicant states item 12a has her reenlistment date instead of the date she entered active duty. She further states the correct dates are shown in item 18 (Remarks) of her DD Form 214 in question.
3. The applicant provides her DD Form 214 in question.
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 military records show she enlisted in the Regular Army on 19 November 1986 and reenlisted for 3 years on 14 July 1989. She completed initial entry training and was awarded the military occupational specialty of administrative specialist.
3. Her records contain a DD Form 4 (Enlistment Contract) showing she reenlisted on 14 July 1989.
4. Her DD Form 214 in question shows she was honorably released from active duty on 16 September 1992, for "parenthood of married service woman." It shows she completed 3 years, 3 months, and 3 days during this period of active service with 2 years, 8 months, and 13 days of prior active service.
5. Item 12a of her DD Form 214 in question contains the entry, "89 07 14." Item 18 contains the entry, "IMMEDIATE REENLISTMENTS THIS PERIOD: 861119 to 890719."
6. Her records contain no DD Form 214 for the period 19 November 1986 through 13 July 1989.
7. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. The version of this regulation in effect at the time provides that, effective 1 October 1979, DD Forms 214 were no longer issued to enlisted service members who were discharged for immediate reenlistment.
9. Army Regulation 635-5, in effect at the time, stated that the beginning date of the enlistment period for which a DD Form 214 was not issued would be entered in item 12a. It further prescribed that for item 12c (Net Active Service This Period), subtract 12a from 12b (Separation Date This Period).
DISCUSSION AND CONCLUSIONS:
1. The regulatory policy in effect at the time of her immediate reenlistment on 14 July 1986 stated that the beginning date of the enlistment period for which a DD Form 214 was not issued would be entered in item 12a and a DD Form 214 would no longer be issued for an immediate reenlistment. Since it is presumed that she was not issued a DD Form 214 for her prior active service, the date she entered active duty for that period should be entered in item 12a of the DD Form 214 in question. As such, it would be appropriate to correct item 12a of her DD Form 214 in question to show "86 11 19."
2. In a related matter, as a consequence of this recommended correction it would be appropriate to do the following:
a. Subtract item 12a from item 12b as shown below and correct item 12c by entering "05 09 28."
12b 1992 09 16
minus 12a 1986 11 19
12c 05 09 27
plus +1 day
equals 12c 05 09 28
b. Since she would have no prior active service to enter in item 12d (Total Prior Active Service This Period), this item should be corrected to show "00 00 00."
3. In view of the foregoing, her records should be corrected as shown below.
BOARD VOTE:
___x___ ___x___ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 in question of the individual concerned be corrected by:
* changing item 12a to read "86 11 19"
* changing item 12c to read "05 09 28"
* changing item 12d to read "00 00 00"
___________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) AR20100007760
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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