BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013092 


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) for the period ending 19 April 1995 to show in:

* Item 12d (Total Prior Active Service) the entry "0000  06  20" instead of “0000 00 00”
* Item 12e (Total Prior Inactive Service) the entry "0000  03  11" instead of “0000 00 00”

2.  The applicant states his prior discharge document has the correct information.

3.  The applicant provides a copy of the following documents:

* DD Form 214 for the period ending 19 April 1991
* DD Form 214 for the period ending 19 April 1995
* DD Form 214 for the period ending 2 December 2002
* Reenlistment Eligibility Data Display (REDD) Report, dated 23 March 2010

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 REDD Report shows he initially enlisted in the U.S. Navy (USN) on 24 May 1989 and he was discharged on 15 September 1989.  He completed 3 months and 22 days of active service this period.

3.  He enlisted in the Army National Guard (ARNG) on 30 September 1990.  He was ordered to active duty for training (ADT) on 22 January 1991 and was released from ADT on 19 April 1991.  

4.  His DD Form 214 for this period of service shows the following:

* Item 12c (Net Active Service This Period) shows the entry "00  02  28"
* Item 12d shows the entry "00  03  22"
* Item 12e shows the entry "00  03  11"

5.  He was discharged from the ARNG on 13 January 1993.  He completed 2 years and 16 days of inactive service and 2 months and 28 days of active service this period:

6.  The applicant enlisted in the Regular Army on 14 January 1993 and he was honorably released from active duty on 19 April 1995 by reason of hardship.  He completed 2 years, 3 months, and 6 days of active service this period.

7.  His DD Form 214 for this period of service shows the following:

* Item 12c shows the entry "0002  03  06"
* Item 12d shows the entry "0000  00  00"
* Item 12e shows the entry "0000  00  00"

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that 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.  In pertinent part it directs that total prior active service less time lost will be entered in item 12d.  It also directs that the total prior inactive service less time lost will be taken from previously issued DD Forms 214 and the total amount will be entered in item 12e.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially served in the USN from 24 May 1989 to 15 September 1989, which is a period of 3 months and 22 days of active service.

2.  The applicant served in the ARNG from 30 September 1990 through 13 January 1993.  During this period, he completed 2 months and 28 days of active service and 2 years and 16 days of inactive service.

3.  As of 13 January 1993, he had completed a total of 6 months and 20 days of active service as follows:

   prior active USN service			0000  03  22
   prior active ARNG service			0000  02  28
	Total Prior Active Service			0000  06  20

4.  The applicant’s DD Form 214 for the period ending 19 April 1995 does not show any prior active or inactive service in items 12d and 12e.  Therefore, it would be appropriate to amend the applicant’s DD Form 214 for this period of service to show in:

* Item 12d the entry "0000  06  20
* Item 12e the entry "0002  00  16

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 Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12d of his DD Form 214 for the period ending 19 April 1995 the entry "0000  00  00" and replacing it with the entry “0000 06 20”; and

	b.  deleting from item 12e of his DD Form 214 for the period ending 19 April 1995 the entry “0000  00  00” and replacing it with the entry “0002  00  16.”

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 amending item 12e of his DD Form 214 for the period ending 19 April 1995 to show 3 months and 11 days of total prior inactive service.



      __________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)                                         AR20100013092



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ABCMR Record of Proceedings (cont)                                         AR20100013092



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