IN THE CASE OF:	  

		BOARD DATE:	    12 October 2010

		DOCKET NUMBER:  AR20100008458 


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, in effect, correction to Item 12d (Total Prior Active Service), Item 12e (Total Prior Inactive Service), Item 12f (Foreign Service), and Item 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 August 2004.

2.  He states Item 12d should read 4 years, 5 months, and 1 day; Item 12e should read 21 days; Item 12f should read 3 years, 4 months, and 11 days; and Item 12g should read 1 month and 19 days.  The administrative clerk did not have his previous DD Forms 214.

3.  He provides copies of his DD Forms 214 for the periods ending 6 May 1989 and 30 July 1993.

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 DD Form 214 for the period ending 6 May 1989 shows while serving as a member of the U.S. Marine Corps Reserve (USMCR) he entered active duty for training (ADT) on 6 December 1988.  He was released from ADT on 6 May 1989 and transferred to a USMCR unit.  Item 12c (Net Active Service This Period) of this DD Form 214 shows he was credited with 5 months and 1 day of net active service.  Item 12e shows he was credited with 21 days of total prior inactive service.  

3.  He enlisted in the USMC on 31 July 1989.  He was released from active duty (AD) on 30 July 1993 for completion of required active service and transferred to the USMCR Support Center.  

4.  His DD Form 214 for the period ending 30 July 1993 shows in Item 12c he was credited with 4 years of net active service.  Item 12d of this DD Form 214 shows a credit of 5 months and 1 day of prior active service.  Item 12e shows a credit of 21 days of prior inactive service.  Items 12f and 12g show a credit of 
4 months and 11 days and 1 month and 19 days, respectively.  

5.  He enlisted in the Regular Army on 28 March 2000 for 4 years.  On 23 December 2002, he extended his 4-year enlistment by 5 months.  He served in Germany for 3 years (from 20 July 2000 to around June 2003).  He was honorably discharged on 27 August 2004.  He was issued a DD Form 214 which shows in Item 12d a credit of 4 years of prior active service.  Item 12e shows a credit of 4 years of prior inactive service.  Item 12f shows a credit of 3 years of foreign service.  Item 12g shows zero credit for sea service.

6.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated a DD Form 214 would be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 12d would contain the total amount of prior active service from a previously issued DD Forms 214, less lost time, if any.  Item 12e would contain the total amount of prior inactive service (i.e., USAR and Army National Guard service) from previously issued DD Forms 214 and/or Enlisted Record Brief, less lost time, if any.  DEP time that began on or after 1 January 1985 was not creditable service for pay purposes and would not be entered in that Item, it would be entered in Item 18.  Item 12f would contain the total amount of foreign service 

completed during the period covered by the DD Form 214.  Item 12g would contain the total amount of sea service completed during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 27 August 2004, Item 12d should read 4 years, 5 months, and 1 day; Item 12e should read 21 days; Item 12f should read 3 years, 4 months, and 11 days; and Item 12g should read 1 month and 19 days.  

2.  The evidence shows while serving as a member of the USMCR he served on ADT from 6 December 1988 through 6 May 1989.  He was issued DD Form 214 crediting him with 5 months and 1 day of net active service and 21 days of prior inactive service.  He enlisted in the USMC on 31 July 1989 and was released from active duty on 30 July 1993.  He was issued a DD Form 214 crediting him with 4 years of net active service; 5 months and 1 days of prior active service; and 21 days of prior inactive service.  The DD Form 214 also credited him with 4 months and 11 days of foreign service and 1 month and 19 days of sea service completed during that period of AD.

3.  The evidence also shows he enlisted in the Regular Army on 28 March 2000 for 4 years.  After extending his enlistment by 5 months, he was discharged on 27 August 2004.  He was issued a DD Form 214 crediting him with 4 years and 5 months of net active service.  Item 12d of this DD Form 214 shows a credit of 4 years of prior active service.  Item 12e shows a credit of 4 years of prior inactive service.  Item 12f shows a credit of 3 years of foreign service.  Item 12g shows zero credit for sea service.

4.  Based on the evidence, he is entitled to correction of Item 12d of his DD Form 214 for the period ending 27 August 2004 to show 4 years, 5 months, and 1 day. He is also entitled to correction to Item 12e to show 4 years and 21 days. 

5.  In accordance with pertinent regulation, the evidence shows he was properly credited with the amount of foreign and sea service completed during the period covered by the DD Form 214 ending 27 August 2004.   Therefore, he is not entitled to correction to Items 12f and 12g of that DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  __X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 12d of the applicant's DD Form 214 for the period ending 27 August 2004 the entry "0004 00 00" and replacing it with the entry "0004 05 01"; 

	b.  deleting from Item 12e of this DD Form 214 the entry "0004 00 00" and replacing it with the entry "0004 00 21"; and 

	c.  providing the applicant a corrected DD Form 214 as a result of these changes.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction to the applicant’s DD Form 214 for the period ending 27 August 2004, Item 12e to show 21 days and Items 12f and 12g.



      _______ _  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)                                         AR20100008458



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)