IN THE CASE OF:	  

		BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100014693 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct spelling of his hyphenated last name as "Santiago" vice "Santigo."  Additionally, he requests his date of entry on active duty (AD) be changed to 3 April 1968 instead of 
3 April 1969.

2.  He states his last name should be spelled as "Santiago."  He also states he entered AD on 3 April 1968.  

3.  He provides a copy of his DD Form 214 and a photograph of the Tenth Chemical Equipment Repair Class.

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 enlistment contract shows he enlisted in the Regular Army (RA) on 3 April 1968.  This form also shows his last name as "A - Santiago" and his name appears this way consistently throughout his records.

3.  Special Orders Number 314, dated 10 November 1970, contained in his file, show he was released from AD effective 10 November 1970 and transferred to the U.S. Army Reserve.  Additionally, a DA Form 2376 (Notification to State Adjutants General Release from AD Obligated Reservist) also shows he was released from AD on 10 November 1970.  

4.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name as "Santigo."  Item 11d (Effective Date) of this form shows he was separated on 10 November 1970.  Item 17c (Date of Entry) of the same form shows he entered AD on 3 April 1969.  It also shows the following information in item 22 (Statement of Service):

* a(1) (Net Service This Period) - "2  07  08"
* a(2) (Other Service) - "0  0  0"
* a(3) (Total) - "2  07  08"
* b (Total Active Service) - "2  07  08"

5.  A DD Form 215 (Correction to DD Form 214), dated 12 December 2006, contained in his record shows the spelling of his last name was corrected to show "Santiago."  This form also shows item 11d was corrected to show a separation effective date of 10 November 1971.  This document indicates the correction was made by the National Archives and Records Administration (NARA), but there is no documentation to substantiate the corrected date.

6.  Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214.  This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous AD.  It provides a brief, clear-cut record of active service at the time of release from AD, retirement, or discharge.  Item 17c requires the preparer to enter the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued.  Additionally, item 22a is the amount of service this period, computed by subtracting item 17c from item 11d.

7.  The U.S. Army Soldier Support Institute/AG School provides rules for the computation of creditable service.  One of the rules states when subtracting one date from another and the ending period is the last day of the month, always change the last day to read 30 and add 1 day for inclusive dates.


DISCUSSION AND CONCLUSIONS:

1.  The DD Form 215 corrected the spelling of the applicant's last name from 
"Santigo" to "Santiago."  Therefore, there is no other correction required.

2.  Evidence of record shows an error was made on his DD Form 214 because he could not be credited with 2 years, 7 months, and 8 days of active service if he entered AD on 3 April 1969 and was separated on 10 November 1970.  It appears that NARA attempted to correct the error by issuing him a DD Form 215 with an effective date of separation listed as 10 November 1971.  However, there is no documentation to substantiate that correction.  His orders and DA Form 2376 verify he was separated from AD on 10 November 1970.  

3.  His enlistment contract verifies he enlisted in the RA on 3 April 1968 vice 
3 April 1969.  Based on the following calculations, the applicant is entitled to correction of his DD Form 214 to show the date he entered AD was 3 April 1968.

	   1970  11  10  date of separation
	-  1968  04  03  date entered AD this period
	=       2  07  7
	+                  1   day inclusive
	=     02  07  08

4.  Based on the evidence cited, it would be appropriate to delete "10 November 1971" from item 11d of the DD Form 215.  However, for simplicity, it would be appropriate to "void" the entire DD Form 215 and issue a new DD Form 215.

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 17c of his DD Form 214 the entry "3 April 1969" and adding the entry "3 April 1968"; 
   
   b.  voiding the DD Form 215, dated 12 December 2006; and
   
   c.  issuing a new DD Form 215 deleting "Santigo" from item 1 and adding "Santiago." 



      _______ _   _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)                                         AR20100014693





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ABCMR Record of Proceedings (cont)                                         AR20100014693



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