IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020060
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 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.
2. The applicant states he entered active duty on 23 November 1976 as an enlisted Soldier. On 15 May 1990, he reenlisted in the Regular Army and this is the date shown on his enlisted DD Form 214. He applied for employment that requires verification of his enlisted and officer service. During this process, he realized his enlisted service DD Form 214 is incorrect.
3. The applicant provides the following documents in support of his application:
* DD Form 214 for the period ending 15 October 1990
* DD Form 214 for the period ending 31 December 2006
* Orders 040-0006, dated 9 February 2006
* Orders 040-0007, dated 9 February 2006
* Officer Record Brief, dated 28 December 2006
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. With no prior service, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 14 October 1976 for a 6-year period. On 23 November 1976, he enlisted the Regular Army for a 4-year period in pay grade E-1.
3. On 26 September 1980, he reenlisted in the Regular Army in pay grade E-5 for 3 years. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) issued this date shows his previous total active military service was 3 years, 10 months, and 3 days with 1 month and 9 days of total inactive military service.
4. On 11 August 1983, he reenlisted in the Regular Army for 3 years. There is no DD Form 4 for this reenlistment period within his interactive Personnel Electronic Records Management System (iPERMS) service record. However, a DA Form 3340 (Request for Regular Army Reenlistment of Extension), dated 7 April 1986, is filed within his reenlistment papers of 15 May 1986. This form documents his second enlistment period.
5. On 15 May 1986, he reenlisted in the Regular Army in pay grade E-6 for 4 years. 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.
6. On 16 May 1989, he extended his enlistment period for 8 months to meet a service requirement. Therefore, his total enlistment period was 4 years and 8 months with his new end of term of service date established as 14 January 1991.
7. Orders 197-38 issued by U.S. Army Aberdeen Proving Ground Support Activity, dated 4 October 1990, discharged the applicant from the Regular Army effective 18 October 1990.
8. Within his official military personnel file in iPERMS, there is a poor quality DD Form 214 that confirms he was discharged. The reason for his discharge was to accept an active duty tour as a USAR warrant officer. The following entries were recorded within item 12 (Record of Service) in years(s), month(s), and day(s) format:
a. item 12a (Dated Entered Active Duty) shows "1990 05 16,"
b. item 12b (Separation Date This Period) shows "1990 10 18,"
c. item 12c (Net Active Service This Period) shows "00 05 04,"
d. item 12d (Total Prior Active Service) shows "13 05 25," and
e. item 12e (Total Prior Inactive Service) shows "00 01 09."
9. There are no DD Forms 214 filed within iPERMS for his previous enlistment periods.
10. Orders 198-31 issued by U.S. Army Aberdeen Proving Ground Support Activity, dated 5 October 1990, appointed him as a warrant officer one in the USAR and ordered him to active duty for a period of 5 years.
11. Orders 040-0006 issued by Headquarters, Fort Myer Military Community, dated 9 February 2006, ordered his separation from active duty for sufficient years for retirement with a retirement date of 31 December 2006. He was retired accordingly and a DD Form 214 was issued showing the following pertinent information in item 12 (Record of Service) in years(s), month(s), and day(s) format:
a. item 12a shows "1990 10 19,"
b. item 12b shows "2006 12 31,"
c. item 12c shows "16 02 12,"
d. item 12d shows "13 10 26," and
e. item 12e shows "00 01 09."
12. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the purpose of a separation document is to provide the individual with documentary evidence of his or her military service. It is a vital record for interested government agencies, which assist the veteran in obtaining the rights and benefits to which he is entitled. Therefore, it is important that information entered is complete and accurate. It states that for item 12a, enter 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.
DISCUSSION AND CONCLUSIONS:
1. Based on the available evidence, the applicant's date he entered active duty in the Regular Army as an enlisted Soldier was 23 November 1976. The applicant contends that the DD Form 214 issued when he separated from the Regular Army as an enlisted Soldier is incorrect. He states he did not enter the Regular Army on 16 May 1990, rather he reenlisted this date. Since the available evidence supports the applicant's contention, it would be appropriate to correct his records.
2. As such, the applicant's DD Form 214 issued on 18 October 1990 should be corrected as follows in years(s), month(s), and day(s) format:
a. item 12a as "1976 11 23,"
b. item 12c as "13 10 26," and
c. item 12d as "00 00 00."
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 issuing a corrected DD Form 214 with a separation date of 18 October 1990 to show the following in years(s), month(s) and day(s) format:
a. item 12a as "1976 11 23,"
b. item 12c as "13 10 26," and
c. item 12d as "00 00 00."
____________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) AR20100020060
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ABCMR Record of Proceedings (cont) AR20100020060
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