IN THE CASE OF:	  

		BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100011029 


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 he entered military service on 2 February 1985.

2.  The applicant states he entered the Army National Guard (ARNG) on 2 February 1985 during his junior year of high school.  He states his leave and earnings statements (LESs), personnel qualification records (PQR), DA Form 199 (Physical Evaluation Board (PEB) Proceedings), and security clearance memorandum all support his entry date into military service as 2 February 1985.

3.  The applicant provides the following documentary evidence in support of his application:

	a.  three LES's dated 31 March 1994, 31 January 1996, and 30 June 1998;

	b.  a memorandum from the U.S. Army Medical Department Center and School, dated 12 June 1997;

	c.  a PQR signed by the applicant on 7 September 1998;

	d.  an electronic PQR, dated 1 September 1998;



	e.  a DD Form 214 with a separation date of 14 September 2000; and

	f.  page 1 of a DA Form 199 signed on 7 July 2000.

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 personnel records jacket (MPRJ) contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he enlisted in the Alabama Army National Guard (ALARNG) on 28 January 1985.  This same form also shows he was honorably separated from the ALARNG on 24 July 1986.  Item 10a (Net Service This Period) shows he served 1 year, 5 months, and 27 days.

3.  On 28 July 1986, the applicant enlisted in the ALARNG for 8 years.  His pay grade upon enlistment was private/pay grade E-1.  On 14 August 1986, the applicant entered active duty to attend initial entry training.  Upon completion of training he was awarded military occupational specialty 76Y (Unit Supply Specialist).  He was released from active duty for training on 26 February 1987 and issued a DD Form 214 confirming he served on active duty for 6 months and 13 days.

4.  On 7 January 1988, he was honorably discharged from the ARNG.  He was issued an NGB Form 22 that shows his total service for pay was 2 years, 11 months, and 7 days.

5.  The applicant enlisted in the Regular Army on 8 January 1988 for 4 years.  The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) does not show any entries for prior active or inactive service.



6.  On 22 August 1991, the applicant reenlisted in the Regular Army for 6 years in pay grade E-4.  His DD Form 4 shows the following pertinent entries:

	a.  Item 7 shows:
* Total Active Military Service - 4 years, 1 month, 26 days
* Total Inactive Military Service - 2 years, 4 months, 24 days

	b.  Item 8b (Remarks) shows the entry "1st reenlistment."

7.  On 5 January 1996, the applicant reenlisted for an additional 6-year period in pay grade E-6.  His DD Form 4 shows the following pertinent entries:

	a.  Item 7 shows:

* Total Active Military Service - 8 years, 6 months, 9 days
* Total Inactive Military Service - 2 years, 4 months, 24 days

	b.  Item 8b (Remarks) shows the entry "2nd reenlistment."

8.  On 14 September 2000, the applicant was honorably discharged due to physical disability.  He was issued a DD Form 214 that shows the following entries in item 12 (Record of Service) in year(s), month(s), day(s) format:

* Item 12a (Date Entered Active Duty this Period) - 1987 06 26
* Item 12b (Separation Date this Period) - 2000 09 14
* Item 12c (Net Active Service this Period) - 0013 02 19
* Item 12d (Total Prior Active Service) - 0000 00 00
* Item 12e (Total Prior Inactive Service) - 0002 04 24

9.  Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "immediate reenlistments this period – 19880108-19910822, 19910823-19960104."

10.  The applicant provided numerous military documents from his service record to support his application.  His PQR, item 38 (Record of Assignments), shows the consolidated entry "Reserve National Guard – 850122-880107–Unit Supply Specialist – 76Y/E-4 36 months."  An electronic PQR shows the applicant's pay entry basic date (PEBD) as "850202" [2 February 1985].  The three LES's show his PEBD as "850202."  The first page of his PEB shows his PEBD as "850202" and a security verification memorandum shows his PEBD as "850202."



11.  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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  For item 12a, enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 with a separation date of 14 September 2000 incorrectly shows the date he entered active duty for this period of service.  He contends he entered the ALARNG during his junior year of high school in February 1985.

2.  After an in-depth review of the applicant's MPRJ and interactive Personnel Electronic Records Management System (iPERMS) files, it is apparent the applicant did enter military service in the ALARNG on 28 January 1985.  However, he did not enter active duty on this date.  He entered active duty for training and completed his initial entry training as a member of the ALARNG on 26 February 1987.  He was issued a DD Form 214 for this active duty training period.

3.  His records then show he was discharged from the ALARNG on 7 January 1988 for the purpose of enlisting in the Regular Army.  On 8 January 1988, he enlisted and entered active duty as shown on his DD Form 4 maintained in iPERMS.  For reasons unknown to this Board and without documentary evidence to support it, his final DD Form 214 shows the date he entered active duty as 26 June 1987.

4.  It is the policy of the Board not to correct an error in a record if the correction would make the applicant worse off unless specifically requested to do so by the applicant.  Since correcting the applicant's final DD Form 214 would result in a loss of over 6 months of active duty, no action will be taken to correct this error.  However, the applicant's record does not support changing his date entered active duty to February 1985 as he requested.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20100011029



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011029



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1