IN THE CASE OF:
BOARD DATE: 22 June 2010
DOCKET NUMBER: AR20100015512
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he entered active duty on 5 May 2002 with adjustment of the related entries in item 12 (Record of Service).
2. The applicant states the dates shown on his DD Form 214 do not coincide with the orders placing him on active duty. His DD Form 214 show his report entry on active duty date as 2 October 2002.
3. The applicant provides copies of his DD Form 214 and active duty orders.
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 record shows he enlisted in the Army National Guard (ARNG) on 16 August 1991. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).
3. California ARNG Orders 122-580, dated 2 May 2002, ordered the applicant to active duty effective 5 May 2002 for a period not to exceed 365 days. His DD Form 214 shows he was honorably released from active duty to the control of his ARNG unit on 19 February 2003.
4. Item 12a (Date Entered Active Duty This Period) of the DD Form 214 for the period ending 19 February 2003 shows he entered active duty on 2 October 2002 and item 12b (Separation Date This Period) shows he separated on 19 February 2003. Item 12c (Net Active Service This Period) shows he completed 4 months and 18 days of net active service during this period.
5. An electronic mail message received from the Defense Finance and Accounting Service confirms the applicant served on continuous active from 5 May 2002 through 19 February 2003.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her active duty military service. It is important that information entered on the form should be complete and accurate.
7. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states that item 12 shows the record of service. The entries listed in item 12 are as follows:
a. Item 12a shows 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.
b. Item 12b shows the Soldier's transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the government.
c. Item 12c shows the amount of service this period computed by subtracting item 12a from item 12b. Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, are deducted and such time will be identified in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of item 12 of his DD Form 214 was carefully considered and is supported by the evidence.
2. The evidence of record shows that the applicant served on continuous active during the period 5 May 2002 through 19 February 2003. The applicant is therefore entitled to correction of item 12a of his DD Form 214 to show "2002 05 05" and item 12c to show "0000 09 15."
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:
* amending item 12a of his DD Form 214 to read "2002 05 05"
* amending item 12c of his DD Form 214 to read "0000 09 15"
______________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) AR20100015512
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100015512
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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