IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010205
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 item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 December 2001.
2. The applicant states:
* His prior service from 1988 to 1989 is not shown on his DD Form 214 for the period ending 5 December 2001
* He has two separate DD Forms 214
3. The applicant provides DD Forms 214 for the periods ending 2 November 1989 and 5 December 2001 in support of his application.
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 enlisted in the Regular Army (RA) on 8 November 1988, served as an infantryman, and was discharged under honorable conditions (a general discharge) on 2 November 1989 for unsatisfactory performance.
3. Item 12c (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 2 November 1989 shows he served 11 months and 25 days.
4. The applicant enlisted in the RA on 18 November 1997, served as a medical logistics specialist, and was honorably discharged on 5 December 2001 for hardship.
5. Item 12d on the applicant's DD Form 214 for the period ending 5 December 2001 shows the entry "0000 00 00."
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation states that for item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant served on active duty from 8 November 1988 to 2 November 1989, a total of 11 months and 25 days. This period of prior active service is not reflected in item 12d of his DD Form 214 for the period ending 5 December 2001. Therefore, it would be appropriate to correct item 12d of his DD Form 214 for the period ending 5 December 2001 to show his prior active 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 deleting the entry in item 12d on his DD Form 214 for the period ending
5 December 2001 and replacing it with "0000 11 25."
_______ _ 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) AR20100010205
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ABCMR Record of Proceedings (cont) AR20100010205
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