IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100015199
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 his entry date as 28 November 1978 instead of 30 November 1979.
2. The applicant states his DD Form 214 contains a typographical error.
3. The applicant provides his DD Form 214.
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 records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for a period of 6 years on 28 November 1978.
3. He was discharged from the USAR on 29 November 1978 for the purpose of enlisting in the Regular Army (RA) and executed a 3-year enlistment in the RA on 30 November 1978.
4. He reported to Fort Gordon, GA, on 6 December 1978 and completed basic combat and advanced individual training under the one station unit training and he was awarded military occupational specialty 72E (Telecommunications Center Operator).
5. His records show he was absent without leave (AWOL) from on or about 2 January 1980 to on or about 8 January 1980 (6 days).
6. He was honorably discharged on 19 June 1980. He completed 1 year, 6 months, and 20 days of active service during this period, of which 6 days was lost time. The DD Form 214 he was issued at that time shows the following entries:
* item 12a (Date Entered Active Duty This Period) - "79 11 30"
* item 12b (Separation Date This Period) - "80 06 19"
* item 12c (Net Active Service This Period) - "01 06 04"
* item 12d (Total Prior Active Service) - "00 00 02"
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 states that item 12 shows the record of service. A breakdown of entries in item 12 is as follows: item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; item 12b shows the Soldier's transition/separation date; and items 12c and 12d show all service, less time lost under Title 10, U.S. Code, section 972, and time lost after the expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the RA on 30 November 1978. It appears his DD Form 214 erroneously listed this date as 30 November 1979. Therefore, he is entitled to correction of his entry date to show the year of entry as 1978 instead of 1979.
2. The evidence of record also shows he completed 1 year, 6 months, and 20 days of active service, of which 6 days was lost time, thus leaving him with a net active service of 1 year, 6 months, and 14 days. Again, his DD Form 214 erroneously credited him with only 1 year, 6 months, and 4 days of active service. Therefore, he is entitled to correction of his DD Form 214 to show completion of 1 year, 6 months, and 14 days of active service.
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 "79 11 30" and adding the entry "78 11 30"
* Deleting from item 12c of his DD Form 214 the entry "01 06 04" and adding the entry "01 06 14"
_______ _ _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) AR20100015199
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ABCMR Record of Proceedings (cont) AR20100015199
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