IN THE CASE OF:	

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026612 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 June 1986 to show he entered active duty on 13 May 1979, the date of his commissioning from the Tuskegee Institute.

2.  The applicant states the absence of this information on his DD Form 214 is denying his children educational benefits to which they are entitled.  In a self-authored statement, he further states:

	a.  He was commissioned in 1979, but he was given an educational delay [from entering active duty] for the purpose of attending law school.

	b.  The reason he is requesting correction of his DD Form 214 is because his child is being denied benefits provided to other children whose parents were commissioned in 1979, just like he was, but who did not receive an educational delay.

	c.  The State of Alabama has thus far denied his entitlement for his children, because his DD Form 214 reflects his initial entry into the Army as 1983, as opposed to 1979 when he was commissioned.

	d.  If credited with the 4 years and 1 month of inactive service, his DD Form 214 would show he entered active duty in 1979 as an Alabama resident.

3.  The applicant provides:

* DD Form 214
* letter, U.S. Army Reserve Components Personnel and Administration Center, dated 23 May 1980
* letter, U.S. Army Reserve Components Personnel and Administration Center, dated 6 October 1980
* letter, U.S. Army Reserve Components Personnel and Administration Center, dated 17 June 1982
* form letter, Reserve Components Personnel and Administration Center, dated September 1981
* DA Form 2496 (Disposition Form), dated 26 May 1983
* photocopy of a "While You Were Out" message slip, undated
* photocopy of an envelope addressed to the applicant from the Macon County Board of Registrars
* photocopy of an unidentified registration document citing the applicant's address as the Tuskegee Institute, AL
* three third-party letters of support

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.  The applicant's records show he was commissioned as a Reserve commissioned officer of the Army in the rank of second lieutenant on 13 May 1979.  He was promoted to the rank of first lieutenant on 5 June 1982.

3.  On 13 June 1983, he was ordered to active duty for 3-year term as a Judge Advocate General (JAG) officer.  He attended the JAG Officer Basic Course at Fort Lee, VA, and was subsequently assigned to Fort Bragg, NC.  He was promoted to the rank of captain on 1 January 1984.

4.  On 12 June 1986, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  

5.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 13 June 1983.

6.  Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 3 years of total active service during this period of active duty.

7.  On 19 July 1991, he was honorably discharged in the rank of captain.

8.  He provides:

	a.  two letters from the U.S. Army Reserve Components Personnel and Administration Center, dated 23 May 1980 and 6 October 1980, respectively.  These letters approve his application for renewal of his educational delay.  Both letters are addressed to his postal address in Baton Rouge, LA;

	b.  a letter from the U.S. Army Reserve Components Personnel and Administration Center, dated 17 June 1982.  This letter serves as his promotion notification to first lieutenant and is addressed to his postal address in Baton Rouge, LA;

	c.  a form letter from the Reserve Components Personnel and Administration Center, dated September 1981, addressed to his postal address in Baton Rouge, LA;

	d.  a DA Form 2496, dated 26 May 1983.  This form is a request for orders and shows he served in the U.S. Army Reserve Control Group for a period of 4 years and 1 month prior to being ordered to active duty.  His home of record is shown as his postal address in Baton Rouge, LA;

	e.  a photocopy of an undated "While You Were Out" message slip;

	f.  a photocopy of an envelope addressed to him from the Macon County Board of Registrars;

	g.  a photocopy of an unidentified registration document citing his address as the Tuskegee Institute, Alabama; and

	h.  three third-party letters of support, each one attesting to his attendance at the Tuskegee Institute prior to his commissioning in 1979.

9.  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.  It establishes standardized policy for the preparation of the DD Form 214.  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.  It is important that information entered on the form be complete and accurate.

10.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that extreme care is used when completing item 12 (Record of Service) since post-service benefits, such as final pay, retirement credit, and so forth are based on this information.   A breakdown of entries in item 12 is as follows:

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214.

	b.  Item 12b (Separation Date This Period) shows the Soldier's transition/
separation date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time or retained on active duty for the convenience of the government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from item 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after the expiration term of service date, if any, are deducted and such time will be identified in item 18 (Remarks).

	d.  Item 12d (Total Prior Active Service) shows the total amount of prior active service and is obtained from previously-issued DD Forms 214.  It shows the total amount of prior active military service less lost time, if any.  If not applicable, enter "00  00  00."

	e.  Item 12e (Total Prior Inactive Service) shows the total amount of inactive service, and is obtained from previously-issued DD Forms 214 and other source documents detailing a member's inactive service.  It shows the total amount of inactive military service, if any.  If not applicable, enter "00  00  00."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 for the period ending 12 June 1986 should be corrected to show he entered active duty on 13 May 1979, the date of his commissioning from the Tuskegee Institute.

2.  The evidence of record clearly shows he entered active duty on 13 June 1983.  Army regulations state that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  His DD Form 214 accurately reflects his periods of service, to include his inactive service; therefore, there is no basis for granting relief in this case.

3.  The applicant is advised that his appointment letter, dated 13 May 1979, establishes his entry into the U.S. Army Reserve and lists his school as the Tuskegee Institute.  This document should serve as sufficient proof he entered the U.S. Army Reserve in 1979.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined 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)                                         AR20100019706



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ABCMR Record of Proceedings (cont)                                         AR20100026612



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