IN THE CASE OF:	.

		BOARD DATE:	10 March 2011

		DOCKET NUMBER:  AR20100020175 


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) for the period ending 1 August 1985 to show his date of entry on active duty this period as 6 December 1977.

2.  The applicant states his DD Form 214 shows his date of entry as
26 September 1979, but he entered active duty on 6 December 1977.

3.  The applicant provides copies of his DD Forms 214 ending 1 August 1985,
21 June 1991, and 17 August 2002; his Leave and Earnings Statement (LES) for the period 1-31 January 1978; Army National Guard Retirement Points History Statement prepared on 2 July 2002; Standard Form 180 (Request Pertaining to Military Records), dated 31 May 2007; a letter from the National Personnel Records Center, dated 3 September 2007; and two memoranda from the Joint Force Headquarters, Alabama National Guard, Montgomery, AL, in response to his request for a copy of 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 is a staff sergeant in the Alabama Army National Guard (ALARNG).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Current and Previous Assignments) that he served on active duty from 5 December 1977 to 1 August 1985.

4.  His DD Form 214 for the period ending 1 August 1985 shows in:

* item 12a (Date entered Active Duty the Period) the entry 26 September 1979
* item 12c (Net Active Service This Period) the entry "05  10  06," indicating he completed 5 years, 10 months, and 6 days of active service this period
* item 12d (Total Prior Active Service) the entry "01  09  20," indicating he completed 1 year, 9 months, and 20 days of prior active service this period

5.  In support of his request he provides a copy of his LES for the period
1-31 January 1978.  Item 39 (Remarks) shows that the period of computation for this LES is 6 December 1977 through 31 January 1978.

6.  The applicant also provides a copy of his Army National Guard Retirement Points History Statement prepared on 2 July 2002.  This form shows he served from 8 December 1977 through 1 August 1985 under MMSI code A1 (U.S. Army Regular Service).

7.  His record also contains an Army National Guard Retirement Points History Statement that was prepared on 1 September 2010, which also shows the same period of Regular Army service from 8 December 1977 through 1 August 1985.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It stated for:

* item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued


* item 12b (Separation Date This Period), enter the Soldier's transition date
* item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b, less time lost, if any
* item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less time lost, if any; if not applicable, enter
"00  00  00"

9.  An interim change changed the 12a guidance to enter the beginning date of the enlistment period for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he entered active service this period on 6 December 1977.  Therefore, his DD Form 214 for the period ending 1 August 1985 should be corrected accordingly.

2.  Based on the adjustment to item 12a of his DD Form 214, item 12c should be corrected to show he completed 7 years, 7 months, and 26 days of net active service this period.

3.  Based on the adjustment to item 12a of his DD Form 214, item 12d should be corrected to show he had no prior active service this period.

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:

	a.  deleting from item 12a of his DD Form 214 for the period ending 1 August 1985 the entry "79  09  26" and replacing it with the entry "77  12  06";

	b.  deleting from item 12c of his DD Form 214 for the period ending 1 August 1985 the entry "05  10  06" and replacing it with the entry "07  07  26."

	c.  deleting from item 12d of his DD form 214 for the period ending 1 August 1985 the entry "01  09  20" and replacing it with the entry "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)                                         AR20100009499



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ABCMR Record of Proceedings (cont)                                         AR20100020175



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