IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100014702
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 that approximately 2 years of active duty service (from 1987 to 1989) be added to his DD Forms 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that approximately two years of active duty is missing from his DD Forms 214.
3. The applicant provides copies of a DD Form 214 showing active duty from 8 February 1984 to 2 February 1987 and one showing active duty from 1 March 1989 to 24 July 1995.
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 and entered active duty in the Regular Army on 8 February 1984. He completed training and progressed normally to pay grade E-4.
3. He was released from active duty at Fort Campbell, Kentucky on 2 February 1987 due to a reduction in authorized strength.
4. Enlistment documents show he had started a new enlistment process on 6 February 1987. However, he actually enlisted in the Regular Army on 26 March 1987.
5. Numerous documents show he actually was on active duty during the period 26 March 1987 through 28 February 1989 that does not show on his second DD Form 214. These include:
* a Personnel Qualification Record - Part II that shows he had no active duty from 2 February 1987 until he enlisted on 26 March 1987, a period of 1 month and 22 days
* other entries on that form show he was enroute to Germany on 26 March 1987, that he served in Germany commencing on 7 April 1987, and that he was promoted to sergeant (E-5) on 1 March 1989
* a 22 July 1988 Service School Academic Report that shows he attended the Platoon Leaders Development Course in June and
* a course certificate that shows that between 16 April and 1 May 1987 he completed an in-processing community orientation program (Headstart) at Bamberg, Germany
6. The applicant was honorably discharged, on 24 July 1995, due to hardship. Item 12a (Date Entered Active Duty This Period) of his second DD Form 214 shows 1 March 1989. Item 12c (Net Active Service This Period) shows 6 years, 4 months, and 24 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant states somehow he is missing approximately two years of active duty from his DD Forms 214.
2. The applicant's first DD Form 214 correctly reflects honorable Regular Army service from 8 February 1984 through 2 February 1987.
3. He again enlisted in the Regular Army on 26 March 1987 and served until 24 July 1995; however, his second DD Form 214 erroneously shows this enlistment started on 1 March 1989. It should be corrected.
4. Item 12c should be corrected to show he had 8 years, 3 months, and 29 days of active service during this period.
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 correcting item 12a of his 1995 DD Form 214 to read "1987 03 26" and item 12c should be corrected to read "08 03 29."
_________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) AR20100014702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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