BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100012532 


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 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.

2.  The applicant states that his DD Form 214 reflects an incorrect date in block 12a and the incorrect amount of severance pay he received.

3.  The applicant provides a letter from the Defense Finance and Accounting Service (DFAS) reflecting the correct amount of severance pay he received and copies of his DD Forms 214 for the period ending 26 March 1992 and 6 January 1996.

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 initially enlisted in the Regular Army on 27 March 1989 and he served until he was honorably released from active duty (REFRAD) on 26 March 1992.  He had served 3 years of active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  The applicant again enlisted in the Regular Army on 26 February 1993 for a period of 3 years.  He served until he was honorably discharged on 6 January 1996 due to disability with severance pay.  He had served 2 years, 10 months and 12 days of net active service this period.

4.  His DD Form 214 for this period of service indicates:

* in block 12a that he entered active duty this period on "1990  02  26"
* in block 12c that his net active service this period was "5 years,
10 months, and 11 days"
* in block 18 (remarks) that he has not completed his first full term of service
* in block 18 that he received $23,803.20 in disability severance pay

5.  The letter provided by the applicant with his application from DFAS indicates that the applicant received $16,185.60 in disability severance pay benefits.

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.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that for:

* block 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* block 12b, 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
* block 12c, enter the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration of term of service (ETS), if any, are deducted
* block 18, enter the entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE."  This information assists the State in determining eligibility for unemployment compensation entitlement

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects his service and disability severance pay benefits has been noted and found to have merit.

2.  The applicant’s DD Form 214 for the period ending 6 January 1996 shows in block 12a that he entered active duty this period on 26 February 1990 when in fact he entered active duty this period on 26 February 1993.  Accordingly, block 12a should be corrected to reflect the entry “1993  02  26.”

3.  Block 12c shows he served 5 years, 10 months, and 11 days of active service this period when in fact he served 2 years, 10 months, and 12 days of active service this period.  Accordingly, block 12c should be corrected to reflect the entry “0002  10  12.”

4.  Block 18 contains the entry “Member has not completed first full term of service” when in fact he completed his first full term of service during his initial enlistment for 3 years during the period 27 March 1989 through 26 March 1992.  Therefore, that entry should be deleted from his DD Form 214 for the period ending 6 January 1996.

5.  Block 18 also contains the entry “Disability Severance Pay - $23,803.20” when in fact it should reflect “Disability Severance Pay - $16,185.60.”  Therefore, his DD Form 214 for the period ending 6 January 1996 should be corrected accordingly.

BOARD VOTE:

____x_  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from block 12a of his DD Form 214 for the period ending
6 January 1996 the entry "1990  02  26" replacing it with the entry "1993  02  26;

	b.  deleting from block 12c of his DD Form 214 for the period ending
6 January 1996 the entry "0005  10  11" and replacing it with the entry
"0002  10  12";

	c.  deleting from block 18 of his DD Form 214 for the period ending
6 January 1996 the entry “Member has not completed first full term of service”; and

	d.  deleting from block 18 of his DD Form 214 for the period ending
6 January 1996 the entry “Disability Severance Pay: $23803.20” and replacing it with “Disability Severance Pay: $16,185.60.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100012532



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012532



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1