IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100024413
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), block 12d (Total Prior Active Service) be corrected to show he had no prior active service.
2. The applicant states that his DD Form 214, block 12d incorrectly reflects he had 8 years, 11 months, and 24 days of prior active service when in fact he had no prior active service.
3. The applicant provides 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 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. The applicant was born on 19 March 1959 and initially enlisted in the United States Army Reserve (USAR) on 15 October 1979 for a period of 6 years.
3. His DD Form 214 shows he enlisted in the Regular Army (RA) on 3 January 1980 and continuously served in an active duty status until he retired on
31 March 2001, due to "Sufficient Service for Retirement" after serving 21 years, 2 months, and 28 days of active service.
4. His DD Form 214, block 12d reflects that he had 8 years, 11 months, and 24 days of prior active service.
5. A review of the applicant's official records failed to show he had any active service prior to his enlisting in the RA in 1980.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he had no prior active service has been considered and found to have merit. His records show no evidence of any active service prior to his enlistment in the RA in 1980.
2. Accordingly, his DD Form 214 should be corrected by showing he had no prior active service by deleting the entry in block 12d and adding 0000-00-00.
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 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 block 12d of his DD Form 214 and adding 0000-00-00.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100024413
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100024413
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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