IN THE CASE OF:
BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100012057
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 12a (Dated Entered Active Duty This Period) and item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 1996.
2. The applicant states he entered active duty on 4 January 1990, not 14 January 1990. This error was carried forward to the calculations of his net active service. After a 22-year career he would like to have this error corrected.
3. The applicant provides copies of his DD Form 214 for the period ending
19 August 1996; U.S. Army Reserve (USAR) discharge orders, dated
12 February 1990; DD Form 4 (Enlistment/Reenlistment Document), dated
4 January 1990; and a DA Form 1695 (Oath of Extension of Enlistment), dated 22 August 1991.
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 USAR on 2 September 1988 with a period of initial active duty for training (IADT) of 4 months and 27 days.
3. Orders 43-24, issued by Headquarters, Fourth U.S. Army, Fort Sheridan, IL, dated 12 February 1990, discharged the applicant from the USAR, effective
3 January 1990. The orders show his enlistment in the USAR was terminated on the effective date for the purpose of enlistment in the Regular Army (RA).
4. A DD Form 4 shows his date of enlistment in the RA as 4 January 1990.
5. A DA Form 1695 shows the applicant extended his 4-year enlistment for
12 months to meet a service remaining requirement. The initial date of his RA enlistment is shown as 4 January 1990.
6. The applicant's DD Form 214 for the period ending 19 August 1996 provides in:
* item 12a, the entry "1990 01 14"
* item 12c, the entry "0006 07 06"
7. 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. It states, for:
* item 12a, enter the beginning date of the continuous period of active duty for which a DD Form was not previously issued
* item 12b (Separation Date This Period), enter 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
* item 12c, enter the amount of service this period, computed by subtracting item 12a from item 12b
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA on 4 January 1990 as shown on his discharge orders from the USAR, DD Form 4, and DA Form 1695. Therefore, item 12a of his DD Form 214 should be corrected accordingly.
2. The applicant enlisted in the RA on 4 January 1990 and he was honorably discharged on 19 August 1996. Subtracting his date of enlistment from his date of discharge equals 6 years, 7 months, and 16 days of net active service this period. Therefore, item 12c of his DD Form 214 should be corrected accordingly.
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:
a. deleting from item 12a of his DD Form 214 for the period ending 19 August 1996 the entry "1990 01 14" and replacing it with the entry "1990 01 04" and
b. deleting from item 12c of his DD Form 214 for the period ending 19 August 1996 the entry "0006 07 06" and replacing it with the entry "0006 07 16."
__________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) AR20100012057
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012057
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100024012
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) for the period ending 26 August 2001 by amending item 12a (Date Entered AD) This Period) to show 21 February 1995. His record contains a third DD Form 4 that shows he reenlisted in the RA on 27 August 1997, for 4 years. Based on the dates contained on his DD Form 4, it would be appropriate to amend item 12a of his DD Form 214 for the period ending 26 August 2001 to show 7...
ARMY | BCMR | CY2015 | 20150001287
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12a (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 February 2004, to show "1 December 1996" instead of "3 August 1997." Notwithstanding the unavailability of his service dates from DFAS, the preponderance of the evidence (AGR orders and Retired Points Statement) support his...
ARMY | BCMR | CY2012 | 20120007846
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his enlistment date as 19 April 1982 vice 30 January 1986. The DD Form 214 he was issued shows the following entries: * item 12a (Date Entered Active Duty This Period) "1986 01 30" * item 12b (Separation Date This Period) "1992 09 30" * item 12c (Net Active Service This Period) "0006 08 01" * Item 12d (Total Prior Active Service) "0003 09 10" * Item 12e (Total Prior Inactive...
ARMY | BCMR | CY2008 | 20080002808
IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002808 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that the date entered in Item 12b (Separation Date This Period) of her separation document (DD Form 214) be corrected. The evidence of record confirms the applicant's separation orders, dated 12 March 2007, erroneously listed an effective date of separation of 16 March 2006, and that these orders were properly amended on 16 March 2007, to...
ARMY | BCMR | CY2010 | 20100020060
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 October 1990 to show he entered active duty on 23 November 1976. Within his iPERMS record, a DD Form 4 shows this was his third reenlistment and his total active military service was 9 years, 5 months, and 22 days with 1 month and 9 days of total inactive military service. Based on the available evidence, the applicant's date he entered active duty in the...
ARMY | BCMR | CY2010 | 20100000850
The applicant's 2 October 2008 DD Form 4/1 shows he reenlisted in the Regular Army on this date for 4 years. The applicant's 2 December 2004 DD Form 214 is in error and should be corrected as follows: a. block 12a shows he entered active service this period on the date of his IADT, not the date of his Regular Army enlistment. This date should be corrected to show 3 October 2001; b. block 12c shows he completed 5 years, 2 months, and 26 days of active service.
ARMY | BCMR | CY2010 | 20100012532
The applicant requests correction of his DD Form 214 (Certificate of release or Discharge from Active Duty) to reflect the correct date he entered active duty this period (block 12a), his correct amount of severance pay, and any other changes that are necessary. The applicant states that his DD Form 214 reflects an incorrect date in block 12a and the incorrect amount of severance pay he received. His DD Form 214 for this period of service indicates: * in block 12a that he entered active...
ARMY | BCMR | CY2011 | 20110014692
The applicant provides his DD Form 214. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. He completed 2 years, 9 months, and 19 days of creditable active service and he should have been issued a DD Form 214 for this period of service.
ARMY | BCMR | CY2011 | 20110003023
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1999 to show in: * Item 12a (Date entered AD this period) the entry 1989 02 09 instead of 1986 02 09 * Item 12c (Net Active Service this period) the entry 0009 11 18 instead of 0012 11 18 * Item 12d (Total Prior Active Service) the entry 0003 00 00 instead of 0003 03 00 2. The applicant provides: * DD Forms 4/1 (Enlistment/Reenlistment Document)...
ARMY | BCMR | CY2015 | 20150003180
The applicant requests correction of item 12b (Date Entered Active Duty (AD) This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2014 to show 4 February 1993 vice 12 April 2006. The applicant provides, and her record contains, a DD Form 4, dated 4 February 1993, that shows she enlisted in the RA on that date for a period of 3 years. The DD Form 214 she was issued for this period of service shows the following entries...