IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100025515
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 Item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective
1 March 1984, be corrected to show he entered active duty in August 1982.
2. The applicant states the information in Item 12a is incorrect.
3. The applicant provides no additional information.
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's records show he enlisted in the United States Army Reserve (USAR) on 7 July 1982.
3. His records contain a DD Form 220 (Active Duty Report), dated 2 October 1982, which shows he served a period of active duty from 29 July 1982 to
2 October 1982.
4. Military Entrance Processing Station, Los Angeles, CA, IADT Orders Number 047-24, dated 8 March 1983, ordered him to initial active duty for training (IADT) at Fort Gordon, KY, with a reporting date of 30 August 1983.
5. Item 35 (Current and Previous Assignment) of his DA Form 2-1 (Personnel Qualification Record) shows he was released from active duty training on
1 March 1984 and returned to his USAR unit. Item 12a of the DD Form 214 he was issued at the time contains an entry that shows he entered active duty on
30 August 1983. Item 12c (Net Active Service This Period) shows he completed a total of 6 months and 2 days of active military service.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the separation documents regulation contains preparation instructions for the
DD Form 214. The instructions for Item 12a state to 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
7. The same regulation states that a Reserve component Soldier completing
90 days or more of continuous active duty for training (ADT), active duty for special work (ADSW), or temporary tours of active duty (ITAD) will be issued a DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests Item 12a of his DD Form 214 be corrected to show he entered active duty in August 1982.
2. Regulatory guidance states, Item 12a of the DD Form 214 will contain the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. Further, only periods of ADT of 90 days or more will be entered on the DD Form 214.
3. The evidence of record confirms he had two periods of active duty. His first period of active duty (29 July 1982 - 2 October 1982) was less than 90 days and is not authorized to be entered on a DD Form 214. The second period of active duty (30 August 1983 - 1 March 1984) was for the purpose of ADT and is reflected on his DD Form 214, effective 30 August 1983. Based on the available evidence his DD Form 214 is administratively correct; therefore, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100025515
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025515
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