IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100018272
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 the correct date he entered active duty.
2. The applicant states he entered active duty on 15 June 1980; however, item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 15 June 1986. Item 12c (Net Active Service This Period) reflects 26 years, 3 months, and 16 days, and item 12b (Separation Date This Period) reflects 30 September 2006, which equates to an active duty entry year of 1980. He adds item 14 (Military Education) [continued in item 18 (Remarks)] shows he completed the 18-week Quartermaster Officer Basic Course in 1980, which offers further evidence he was on active duty in 1980.
3. The applicant provides a copy of his DA Form 4037 (Officer Record Brief [ORB]) and 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 was appointed as a U.S. Army Reserve commissioned officer in the rank of second lieutenant on 11 May 1980.
3. Headquarters, First Reserve Officers' Training Corps Region, Fort Bragg, NC, Orders 101-26-A-922, dated 28 May 1980, ordered the applicant to active duty on 15 June 1980 for a period of 3 years.
4. The applicant's ORB, dated 18 May 2006, shows in Section III (Service Data) that the applicant's "BASD" [Basic Active Service Date] was 15 June 1980 and his "EAD [Entry on Active Duty] Current Tour" date was 15 June 1980.
5. An automated Service Computation for Retirement form, computed on 9 May 2006, shows the applicant had continuous commissioned officer service from
15 June 1980 through 30 September 2006 for a total of 26 years, 3 months, and 16 days of active service. It also shows in:
a. item 10 (Total Active Service) - "26 [Years], 03 [Months], and 16 [Days]";
b. item 15 (Basic Pay Entry Date) - "1980 06 15" (i.e., 15 June 1980);
c. item 16 (Separation Date) - "2006 09 30" (i.e., 30 September 2006); and
d. item 17 (Less Date of Entry on Current Tour) - "1980 06 15" (i.e., 15 June 1980).
6. U.S. Army Garrison, Fort Belvoir, VA, Orders 129-0003, dated 9 May 2006, retired the applicant from active service effective 30 September 2006 in the rank/grade of colonel/pay grade O-6. The orders also show the applicant had completed 26 years, 3 months, and 16 days service for basic pay and voluntary retirement.
7. The applicant's DD Form 214 shows he was honorably retired from active service on 30 September 2006 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired). It also shows in item 12:
a. block a - "1986 06 15" (i.e., 15 June 1986);
b. block b - "2006 09 30" (i.e., 30 September 2006); and
c. block c - "0026 03 16" (i.e., 26 years, 3 months, and 16 days).
8. There is no evidence the applicant had any break(s) in active service during the period 15 June 1980 through 30 September 2006.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the
DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
Records show the applicant was ordered to active duty as a commissioned officer on 15 June 1980 and that he had continuous active service through
30 September 2006. Records also show this period of active duty equates to
26 years, 3 months, and 16 days. Thus, the entry on the applicant's DD Form 214 in item 12a (i.e., 15 June 1986), clearly is in error. Therefore, it would be appropriate to correct this item to show the applicant entered active duty this period on 15 June 1980.
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 "1986 06 15" and replacing it with the entry "1980 06 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) AR20100018272
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018272
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100015586
He also provides his April 2010 LES which shows his PEBD (Pay Entry Basic date) as 3 February 1976 (the date he initially enlisted in the USAR) and that he was receiving pay based on 34 years of total service. Section 010101 (service which is creditable) states for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. d. Section 010103A(2) (Creditable Prior Enlisted Service) states...
ARMY | BCMR | CY2010 | 20100012904
The applicant states his retirement orders were amended to show completion of the contested period of active service. His DD Form 214 shows the following entries: * Item 12a (Date Entered Active Duty This Period), "1986 09 04" * Item 12b (Separation Date This Period), "2007 09 30" * Item 12c (Net Active Service This Period), "20 06 05" * Item 12d (Total Prior Active Service), "000 04 01" * Item 12e (Total Prior Inactive Service), "000 08 22" 7. Item 12 shows the Record of Service.
ARMY | BCMR | CY2013 | 20130005115
The applicant requests, in effect, a new DD Form 214 (Certificate of Release or Discharge from Active Duty) or DD Form 215 (Correction to DD Form 214) to show he was retired due to permanent disability on 13 July 1987. Under this change, item 12a shows the beginning date of the enlistment period for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5) (Enlisted members discharged for immediate reenlistment) of this regulation. Although his 1985 DD Form 214 properly...
ARMY | BCMR | CY2007 | 20070010236
Item 9 (Command to Which Transferred), of his DD Form 214, shows the entry "NA"; item 12a (Dated Entered AD [Active Duty] This Period) shows the entry "1986 01 11" (11 January 1986); item 12c (Net Active Service This Period), shows the entry "0022 04 20" (22 years, 4 months, and 20 days); item 12e (Total Prior Inactive Service) show the entry "0000 00 15" (15 days); item 12f (Foreign Service) shows the entry "0000 00 00"; and item 12h (Effective Date of Pay Grade) shows the entry "1984 12...
ARMY | BCMR | CY2008 | 20080007411
The applicant requests, in effect, correction of his separation document to show that he entered active duty on 1 October 1992. The evidence of record shows the applicant was appointed and entered active duty in a warrant officer status on 1 October 1992 and he served continuously on active duty in this status through 22 June 2006. Therefore, it would be appropriate to correct Item 12, block a, of the applicants DD Form 214 to show that he entered active duty this period on 1 October 1992.
ARMY | BCMR | CY2010 | 20100020060
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 October 1990 to show he entered active duty on 23 November 1976. Within his iPERMS record, a DD Form 4 shows this was his third reenlistment and his total active military service was 9 years, 5 months, and 22 days with 1 month and 9 days of total inactive military service. Based on the available evidence, the applicant's date he entered active duty in the...
ARMY | BCMR | CY2010 | 20100025266
It shows in: a. item 12 (Record of Service): * block a (Date Entered Active Duty This Period) - "83 09 19" (i.e., 19 September 1983) * block b (Separation Date This Period) - "86 03 26" (i.e., 26 March 1986) * block c (Net Active Service This Period) - "1 year, 11 months, 25 days" * block d (Total Prior Active Service) - "0 years, 0 months, and 0 days" * block e (Total Prior Inactive Service) - "0 years, 0 months, 04 days" b. A calculation for the above periods that are under review in this...
ARMY | BCMR | CY2001 | 2001064284C070421
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2000, to show a break in service, that item 7a (Place of Entry Into Active Duty) be corrected to show the entry “Montgomery, AL” instead of “Chicago, IL” and that item 7b (Home of Record at Time of Entry) be corrected to show the entry “Lot 203, Twins Trailer Park, Daleville, Alabama 36322.” The evidence of records shows that the applicant’s home of record...
ARMY | BCMR | CY2009 | 20090021723
The applicant's Official Military Personnel File (OMPF) does not contain a DD Form 214 documenting her period of RA service from 1 October 1976 through 30 March 1980. Based on the evidence of record in the applicant's OMPF and applicable regulations, the applicant's DD Form 214 was correctly prepared upon her separation from active duty on 9 June 1981. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215...
ARMY | BCMR | CY2003 | 2003085997C070212
In support of his application, the submitted three DD Forms 214; his NGB Form 22 (Report of Separation and Record of Service); orders awarding him the first and second award of the Army Good Conduct Medal; a DA Form 638 (Recommendation for Award); his DD Form 4/1 (Enlistment/Reenlistment Document), dated 31 May 1996; orders discharging him from the Army National Guard and as a Reserve of the Army; active duty orders, dated 26 August 1998; a DA Form 3286-59 (Statement for Enlistment); orders...