IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100020922
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, item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show July 2000.
2. The applicant states:
* He entered active duty in July 2000
* He does not remember the actual date but he thinks it was on 11 July 2000
* Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 6 years
* Item 12b (Separation Date This Period) of his DD Form 214 shows he separated on 13 July 2006
* Items 12a and 12h contain the same exact date
* He believes his date of rank (DOR) was mistakenly inserted for entry onto active duty
3. The applicant provides a copy of his DD Form 214 in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 15 October 1999. On 13 July 2000, he was discharged from the DEP and he enlisted in the Regular Army (RA) on 14 July 2000 for a period of 6 years.
3. On 13 July 2006, he was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service. He had completed 6 years of creditable active service.
4. Item 12a of the applicant's DD Form 214 shows the entry "2005 06 01"
[1 June 2005]. Item 12c of his DD Form 214 shows the entry "0006 00 00"
[6 years]. Item 12e (Total Prior Inactive Service) of his DD Form 214 shows the entry "0000 00 00." Item 18 (Remarks) of his DD Form 214 shows, among other entries, "PERIOD OF DELAYED ENTRY PROGRAM: 19991015-20000713" (total of 8 months and 28 days).
5. His Noncommissioned Officer Evaluation Report for the period June 2005 to May 2006 shows his date of rank for sergeant is 1 June 2005.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 12a of his DD Form 214 should be corrected to show July 2000.
2. His enlistment contract which shows he enlisted in the RA on 14 July 2000 is accepted as sufficient evidence on which to amend item 12a of his DD Form 214 to show he entered active duty on 14 July 2000.
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 the entry in item 12a of his DD Form 214 and adding "2000 07 14."
_______ _ 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) AR20100020922
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100020922
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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