BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100024012 


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 (AD)) for the period ending 26 August 2001 by amending item 12a (Date Entered AD) This Period) to show 
21 February 1995.

2.  The applicant states that the person preparing his DD Form 214 at the time, was under the assumption that he was on AD from 9 November 1990 to 
26 August 2001; however, he was on AD from 26 June 1990 to 23 September 1994 and from February 1995 to 26 August 2001.  He contends the DD Form 214 for the period ending 23 September 1994 is correct and the DD Form 214 for the period ending 26 August 2001 is incorrect. 

3.  He provided:

* an authorization for the release of information
* four DD Forms 4 (Enlistment/Reenlistment Document)
* two DD Forms 214
* a DA Form 2-1 (Personnel Qualification Record – Part II)
* a DD Form 93 (Record of Emergency Data)
* an SGLV Form 8286 (Servicemen’s Group Life Insurance Election and Certificate)




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.  A DD Form 4, dated 23 October 1989, shows he enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry Program (DEP).  On 25 June 1990, he was released from DEP status and enlisted in the Regular Army (RA) for 4 years.  

3.  His record contains a DD Form 214 for the period ending 23 September 1994.  This document shows he was honorably released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement) after completing 4 years, 2 months, and 28 days of net active service.  Item 18 (Remarks) shows his period of DEP was from 23 October 1989 to 25 June 1990.

4.  A second DD Form 4 shows in item 5 (Date of Enlistment/Reenlistment) he enlisted in the RA on 7 February 1995.  He also provided a DD Form 93 and SGLV Form 8286 which shows he completed and signed these forms on 
21 February 1995.

5.  His record contains a third DD Form 4 that shows he reenlisted in the RA on 27 August 1997, for 4 years.  

6.  The fourth DD Form 4, dated 19 June 2001, shows he reenlisted under the provisions of Army Regulation 601-280 (Army Retention Program), chapter 7 (Enlistment/Transfer Processing of Soldiers from the RA to the Reserve Component) for a period of 6 years. 

7.  On 26 August 2001, he was discharged.  He enlisted in the USAR with assignment to the 858th Quartermaster Company (Petroleum Supply), Fort Carson, CO.  His DD Form 214 for this period contains the following entries:

* Item 12a – 1990 11 09
* Item 12b (Separation Date This Period) – 2001 08 26
* Item 12c (Net Active Service This Period) – 0010 09 18
* Item 12d (Total Prior Active Service) – 0004 02 28

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

9.  Paragraph 2-4 of the same regulation provides instructions for the completion of items that appear on the DD Form 214.  Instructions for the completion of Item 
12 (Record of Service) are as follow:

	a.  Item 12a - Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  Item 12c - Amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, United States Code 972 and non-creditable time after ETS, if any, are deducted.  Such time will be identified in Item 18.

	c.  Item 12d - From previously issued DD Forms 214, enter total amount of prior active military service, less lost time, if any.  If not applicable, enter "00 00 00." 

DISCUSSION AND CONCLUSIONS:

1.  His contention that item 12a of his DD Form 214 for the period ending 
26 August 2001 is incorrect and should be corrected to show he entered AD on 21 February 1995, is only partially supported by the evidence.  

2.  The evidence of record confirms he was REFRAD on 23 September 1994.  He later enlisted in the RA on 7 February 1995 as confirmed by the date entered in item 5 on his DD Form 4 for that period.  He completed a DD Form 93 and SGLV Form 8286, which both show he signed these forms on 21 February 1995.  The date he signed these forms does not constitute the date entered AD.  

3.  Item 12a of his DD Form 214 for the period ending 26 August 2001 shows he entered AD on 9 November 1990.  It is apparent that an administrative error occurred when preparing this form.  Based on the dates contained on his  
DD Form 4, it would be appropriate to amend item 12a of his DD Form 214 for the period ending 26 August 2001 to show 7 February 1995.  

4.  As a result of correcting item 12a of his DD Form 214, item 12c should also be corrected to show, “0006 Year(s) 06 Month(s) 20 Day(s).  

BOARD VOTE:

___x____  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
by amending his DD Form 214 for the period ending 26 August 2001 as follows:

	a.  Item 12a to show the entry:  “1995  02  07;” and

	b.  Item 12c to show the entry:  “0006 Year(s) 06 Month(s) 20 Day(s)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his 26 August 2001 DD Form 214 to show he entered AD on 21 February 1995.  
	




      _______ _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)                                         AR20100024012





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ABCMR Record of Proceedings (cont)                                         AR20100024012



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