IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100026465 


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 date of entry be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 August 2004 to show "2004 02 04" [4 February 2004] instead of "2004 04 02" [2 April 2004].

2.  He states that although he entered active duty on 4 February 2004, item 12a (Date Entered Active Duty This Period) of his DD Form 214 indicates he entered active duty on 2 April 2004.  He attributes this mistake to a typographic error and states he never noticed it until he was recently attempting to have his Basic Active Service Date corrected in order to be eligible for promotion board consideration.

3.  He provides his:

* initial enlistment contract
* orders to attend Basic Combat Training (BCT) and Advanced Individual Training (AIT)
* orders awarding him a Primary Military Occupational Specialty (PMOS)
* DD Form 214 in support of his case.

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.  His record contains (and he also provides):

	a.  a DD Form 4/1 (Enlistment/ Reenlistment Document of the U.S.) which shows he enlisted in U.S. Army Reserve (USAR) on 31 December 2003 for a period of 8 years.

	b.  a DD Form 1966/1 (Record of Military Procession - Armed Forces of the U.S.) which shows he enlisted in U.S. Army Reserve on 31 December 2003 for a period of 8 years.  This form also shows he had a projected active duty service date of 4 February 2004.

	c.  Orders Number 4007-25 issued by Military Entrance Processing Station, Boston, MA, on 7 January 2004 which show he was ordered to initial active duty for training (IADT) to attend BCT at Fort Jackson, SC with a reporting date of 4 February 2004 and a follow-on reporting date to Fort Sam Houston, TX, on 19 April 2004 for the purpose of attending AIT for MOS 91W.

	d.  Orders Number 070-290 issued by Headquarters, U.S. Army Training Center and Fort Jackson, SC, on 10 March 2004 which show he was released from attachment following BCT at Fort Jackson, SC, and attached to Fort Sam Houston, TX, on 16 April 2004 for the purpose of attending AIT for MOS 91W.

	e.  Orders Number182-261 issued by Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston, TX, on 30 June 2004 which show he was awarded PMOS 91W, effective 10 August 2004.

3.  Item 12 (Record of Service) of his DD Form 214 contains the following pertinent information:

	a.  Item 12a shows he entered active duty on 2 April 2004.

	b.  Item 12b (Separation Date This Period) shows he was released from IADT on 10 August 2004.

	c.  Item 12c (Net Active Service This Period) shows his net active service for the period covered by this form was 0 years, 4 months, and 9 days.

	d.  Item 12e (Total Prior Inactive Service) shows his net inactive service for a previous period was 0 years, 3 months, and 1 day.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states:

	a.  the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge;

	b.  the date of enlistment or reenlistment would be entered in item 12a;

	c.  the Soldier's transition date will be entered in item 12b;

	d.  amount of service this period, computed by subtracting item 12a from 12b will be entered in item 12c;

	e.  amount of total prior active service will be entered in item 12c; and

	f.  amount of total prior inactive service will be entered in item 12e.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his date of entry as 4 February 2004 was carefully considered and determined to have merit.

2.  Evidence clearly shows:

	a.  he enlisted in the USAR on 31 December 2003 and entered active duty on 4 February 2004 following a 1 month and 4 day period of inactive service;

	b.  he served on active duty from 4 February 2004 until he was released from IADT on 10 August 2004, a period of 6 months and 7 days of active duty service; and

	c.  he had no prior active or inactive service before his 31 December 2003 enlistment.

3.  Evidence shows that the applicant was issued a DD Form 214 for the period ending 10 August 2004 on which his date of entry erroneously appears as 2 April 2004.  As a result, the calculations used to determine his net active service and prior inactive service were incorrect.

4.  In view of the foregoing, he is entitled to correction of his DD Form 214 to accurately reflect his proper date of entry on active duty, net active service, and total prior inactive service.

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 the applicants DD Form 214 for the period ending 10 August 2004 be corrected by:

	a.  deleting the current entry in item 12a and replacing it with "2004 02 04";

	b.  deleting the current entry in item 12c and replacing it with "0000 06 07"; and

	c.  deleting the current entry in item 12e and replacing it with "0000 01 04."



      _______ _  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)                                         AR20100026465





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ABCMR Record of Proceedings (cont)                                         AR20100026465



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