IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100029446 


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 the entry regarding his delayed entry program period of service in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 15 October 2005.

2.  The applicant states he served in the Michigan Army National Guard (MIARNG) from October 1993 to October 1997.  During this period, he served on active duty from 30 December 1993 to 15 April 1994.

3.  The applicant provides:

* DD Forms 214 for the periods ending on 15 April 1994 and 15 October 2005
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes)

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 enlisted in the MIARNG on 7 October 1993.  He subsequently entered active duty for training (ADT) on 30 December 1993.  He completed the training requirements and he was awarded military occupational specialty 19K (M-1 Armor Crewman).

3.  On 15 April 1994, he was released from ADT to the control of his ARNG unit.   The DD Form 214 he was issued for this period shows he completed a total of 3 months and 16 days of creditable active service.

4.  On 6 October 1997, he was honorably released from the MIARNG by reason of enlistment in another component.  The NGB 22 he was issued shows he completed 4 years of total service for pay. 

5.  On 7 October 1997, he enlisted in the Regular Army for a period of 3 years.  His record contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) confirming his date of enlistment as 7 October 1997.  

6.  His record contains an Enlisted Record Brief (ERB), dated 14 December 2004, which listed his basic active service date (BASD) as 13 May 1997.

7.  He completed 1 year, 7 months, and 28 days of foreign service with the 127th Aviation Support Battalion, 1st Armored Division, Hanau, Germany.  He was honorably discharged on 15 October 2005 by reason of physical condition.  The DD Form 214 he was issued for this period shows the following entries:

* Item 12a (Date Entered Active Duty This Period) shows "97  05  13"
* Item 12c (Net Active Service This Period) shows "08  05  03"
* Item 12e (Total Prior Active Service) shows "00  00  00"
* Item 18 in part shows "Block 6, Period of Delayed Entry Program:  19931007 - 19970513"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty for training for 3 months and 16 days from 30 December 1993 to 15 April 1994.  He was issued a DD Form 214 that captured this period of active service.

2.  He enlisted in the RA on 7 October 1997 and he was honorably discharged from active service on 15 October 2005.  The DD Form 214 for this period of service listed various administrative errors:

	a.  His date of entry on active duty is erroneously listed as 13 May 1997.  Therefore, item 12a should be corrected to show 7 October 1997 as his date of entry.

	b.  Based on the correct entry date (7 October 1997) and his date of discharge (15 October 2005), he completed 8 years and 9 days of net active service during this period.  Item 12c erroneously credited him with 8 years, 
5 months, and 3 days.  Therefore, item 12c should be corrected to show 8 years and 9 days of active service.

	c.  He previously completed 3 months and 16 days of active service.  Item 12d did not credit him with any prior active service.  Therefore, item 12d should be corrected to show 3 months and 16 days of prior active service.

	d.  Item 18 erroneously listed his service in the MIARNG from 7 October 1993 (date he enlisted in the MIARNG) through 13 May 1997 (his BASD) as a period of delayed entry.  There is no evidence of record to show he enlisted in the delayed entry program.

3.  It is clear that his DD Form 214 contains inaccurate information.  Therefore, he is entitled to correction of his DD Form 214, dated 15 October 2005, as shown below. 

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 all Department of the Army records of the individual concerned be corrected by making the following changes to his DD Form 214 dated 5 October 2005:

* Deleting from item 12a the entry "97  05  13" and adding the entry "97  10  07"
* Deleting from item 12c the entry "08  05  03" and adding the entry "08  00  09"
* Deleting from item 12d the entry "00  00  00" and adding the entry "00  03  16"
* Deleting from item 18 the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  19931007 - 19970513"



      _______ _   _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)                                         AR20100029446



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ABCMR Record of Proceedings (cont)                                         AR20100029446



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