IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100014694
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 active duty in 2003.
2. The applicant states his DD Form 214 incorrectly shows the date of his enlistment as 12 June 2006, when, in fact, he entered active duty on 12 June 2003.
3. The applicant provides no additional documentary evidence.
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's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 17 April 2003, shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years.
3. On 11 June 2003, he was discharged from the USAR DEP and on 12 June 2003, he enlisted in the Regular Army for a period of 6 years.
4. The applicant's Enlisted Record Brief (ERB) shows in Section III - Service Data, his basic active service date (BASD) as 12 June 2003.
5. The applicant's subsequent DD Form 4, dated 17 November 2006, shows he reenlisted in the Regular Army for 6 years beginning in pay grade E-4.
6. On 1 April 2010, the applicant was discharged. Item 12c (Net Active Service This Period) shows he completed 6 years, 9 months, and 20 days of total active service.
7. Item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 shows the entry "2006 06 12."
8. 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 for item 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant initially entered active duty on
12 June 2003. Therefore, his DD Form 214 for the period ending 1 April 2010 should be corrected accordingly. This correction does not entail a change to item 12c of his DD Form 214.
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 deleting from item 12a of his DD Form 214 the entry "2006 06 12" and replacing it with the entry "2003 06 12."
___________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) AR20100014694
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100014694
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012587
Application for correction of military records (with supporting documents provided, if any). Order 105-010, issued by the MNARNG on 14 April 2004, ordered him to active duty during the period 19 April through 4 September 2004, under the authority of Title 32, USC, section 502 (f). This period of active duty is not shown on his DD Form 214 for the period ending 18 July 2003; therefore, item 12a should be corrected to show he entered active duty on 27 May 2002, and item 12c should also be...
ARMY | BCMR | CY2010 | 20100007596
The applicant requests that item 12c (Net Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 September 2007 be corrected. Army Regulation 635-5 (Separation Documents) states that entries for the DD Form 214 include: * item 12a the beginning date of the continuous period of active duty for which the DD Form 214 is being issued * item 12b the date of separation * net service for the period shown is computed by subtracting item...
ARMY | BCMR | CY2014 | 20140008050
The applicant requests correction of his records to show his active service dates for the periods 1 October 2005 through 11 July 2006 and 27 June 2007 through 25 June 2009. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 through 22 March 2004 * DD Form 214 for the period 27 June 2007 through 16 December 2009 * Indiana Army National Guard Orders 275-307, dated 2 October 2005 * Indiana Army National Guard Orders...
ARMY | BCMR | CY2011 | 20110014170
The applicant requests her date of entry on active duty (AD) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 June 2006 be corrected to show 27 January 2006. The regulation provides that the beginning date of the continuous period of active duty for which the DD Form 214 is being issued be entered in item 12a of the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090016736
However, there is no evidence in his records that show he was awarded MOS 25F or that he was issued a DD Form 214 for this period of service. He then completed 6 months and 10 days when he was ordered to active duty on 1 August 2006 (the DD Form 215 adjusted this date to 28 July 2006) and he was released from active duty on 7 February 2007. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2011 | 20110001060
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 4 years, 5 months, and 3 days in item 12c (Net Active Service this Period) and 22 days in item 12e (Total Prior Inactive Service). The DD Form 214 he was issued at the time shows he completed 1 year, 6 months, and 24 days of creditable active service. Therefore, his DD Form 214 correctly shows he completed a total of 1 year, 6 months, and 24 days of creditable active service.
ARMY | BCMR | CY2014 | 20140004432
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 14 August 2007 to show in item 12a (Date Entered Active Duty This Period) the entry "2006 07 06" vice "2007 01 02." His record contains a memorandum, issued by Fort Benning, GA, on 10 October 2009, requesting HRC issue the applicant a DD Form 215 (Correction to DD Form 214). As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120013094
The applicant provides: * DD Forms 214 (issued on 4 October 2001, 16 January 2004, and 26 August 2005) * AD orders * release from active duty (REFRAD) orders CONSIDERATION OF EVIDENCE: 1. The evidence of record confirms the applicant was issued his first DD Form 214 upon completion of ADT and that it documented this service from 13 June 4 October 2001. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD...
ARMY | BCMR | CY2008 | 20080013919
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected in item 12 (Record of Service). Thus, his Army DD Form 214 should reflect: 12a Date Entered AD This Period 2001 06 18 12b Separation Date This Period 2003 10 22 12c Net Active Service This Period 0002 04 05 12f Foreign Service 0000 05 23 Item 12f (Foreign Service) should reflect the time the applicant spent in Afghanistan from 19 December 2001 through 10 June 2002 (as stated in...
ARMY | BCMR | CY2011 | 20110017263
The DD Form 214 he was issued shows in: * item 12b, (Separation date this period), 6 August 1983 * item 12c, (Net Active Service this Period), 1 month and 10 days * item 12d, (Total Prior Active Service), 2 months and 6 days * 3. A calculation for the above periods under review shows the following: 1983 08 06 released from AD - 1983 06 27 entered AD for training = 00 01 09 + 01 day inclusive = 00 01 10 time on AD (Net Active Service) + ____ 02 06 prior AD service = 00 03 16 1996 11 02...