IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100017623 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2006 to show his entry date as 18 November 1981 instead of 12 July 1984.

2.  The applicant states his DD Form 214 is missing 3 years of service.

3.  The applicant provides his:

* DD Form 214
* Retirement orders
* DD Form 4 (Enlistment/Reenlistment Document)

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 initially enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 23 October 1981.  He was discharged from the DEP 25 days later on 17 November 1981 and he enlisted in the Regular Army (RA) for a period of 3 years on 18 November 1981.

3.  He was discharged on 11 July 1984 for the purpose of immediate reenlistment in the RA.  He completed 2 years, 7 months, and 24 days of active service during this period.

4.  He reenlisted in the RA for a period of 5 years on 12 July 1984.  He subsequently served through a 3-year reenlistment on 21 July 1992, a 6-year reenlistment on 30 March 1995, and an indefinite reenlistment on 17 August 1999.

5.  On 25 November 2005, XVIII Airborne Corps, Fort Bragg, NC, published Orders 329-0253 announcing his retirement from the Army effective 30 April 2006.  The orders listed the date he initially entered military service (DIEMS date) as 23 October 1981 and credited him with 24 years, 5 months, and 13 days of active service.

6.  He was honorably retired on 30 April 2006 and he was placed on the retired list in his retired grade of first sergeant on 1 May 2006.  He was credited with 24 years, 5 months, and 13 days of total active service.  The DD Form 214 he was issued shows the following entries:

* item 12a (Date Entered Active Duty This Period) shows "1984  07  12"
* item 12b (Separation Date This Period) shows "2006  04  30"
* item 12c (Net Active Service This Period) shows "00024  05  13"
* Item 12d (Total Prior Active Service) shows "0000  00  00"
* Item 12e (Total Prior Inactive Service) shows "0000  00  25"

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is 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 makeup 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 12b (less lost time);

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any; and

	e.  Item 12e is obtained from previously issued DD Forms 214 and/or Soldier's records, shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory mandatory service obligation (MSO), and will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the USAR under the DEP on 23 October 1981.  He remained in the DEP for 25 days before he enlisted in the RA on 18 November 1981.  His DEP time occurred before January 1985; therefore, it was properly added in the computation of his retired pay.  Additionally, it is correctly listed in item 12e of his DD Form 214.

2.  He enlisted in the RA on 18 November 1981.  He completed 2 years,
7 months, and 24 days before he reenlisted.  He reenlisted in the RA on 12 July 1984 and he remained in the RA until he was retired on 30 April 2006.

	a.  Since he entered active duty on 18 November 1981, his DD Form 214 should have listed this date as the date of entry on active duty.  Therefore, item 12a should be corrected to show this date.

	b.  He completed 21 years, 9 months, and 19 days of active service between the date he reenlisted on 12 July 1984 and the date he retired on 30 April 2006.  This service, when combined with his prior active service of 2 years, 7 months, 

and 24 days equates to 24 years, 5 months, and 13 days of total active service, which is properly shown in item 12c of his DD Form 214 and his retirement order.

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 "1984  07  12" and replacing it with the entry "1981  11  18."



      ____________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)                                         AR20100017623



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ABCMR Record of Proceedings (cont)                                         AR20100017623



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