IN THE CASE OF:	  

		BOARD DATE:	    13 September 2011

		DOCKET NUMBER:  AR20110003023 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1999 to show in:

* Item 12a (Date entered AD this period) the entry 1989  02  09 instead of 1986  02  09
* Item 12c (Net Active Service this period) the entry 0009  11  18 instead of 0012  11  18
* Item 12d (Total Prior Active Service) the entry 0003  00  00 instead of 0003  03  00

2.  The applicant states he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 13 August 1984 and he served on active duty from
13 November 1984 through 12 November 1987.  He then served in the USAR until 8 February 1989 when he enlisted into the Regular Army (RA) on
9 February 1989.  He was subsequently discharged on 26 January 1999.

3.  The applicant provides:

* DD Forms 4/1 (Enlistment/Reenlistment Document) (Regular Army), dated:

* 13 November 1984, 3 years (13 August 1984 - DEP) 
* 9 February 1989, 4 years


* 26 May 1992, 3 years
* 27 September 1994, 3years

* DD Forms 4/1 (USAR), dated:

* 19 November 1998, 6 years
* 16 April 2004, Indefinite

* DD Forms 3340-R (Request for Regular Army Reenlistment or Extension)

* dated 22 July 1991
* dated 19 September 1995

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 enlisted in the USAR DEP on 13 August 1984 for a period of
8 years.  He was discharged from the USAR DEP on 12 November 1984 and he enlisted in the Regular Army (RA) on 13 November 1984, for a period of 3 years.  He was honorably released from active duty on 12 November 1987 at the expiration of his term of service (ETS) and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 3 years of active and 3 months of inactive service.

3.  His Official Military Personnel File (OMPF) contains the following enlistment contracts and extension documents which show he:

* enlisted on 9 February 1989 for a period of 4 years
* reenlisted on 26 May 1992 for a period of 3 years


* extended his ETS to 8 November 1993
* reenlisted on 27 September 1994 for a period of 3 years
* extended his ETS to 26 January 1999

4.  On 26 January 1999, he was honorably discharged from active duty.  He enlisted in the USAR and was transferred to a USAR unit in El Paso, TX.  The DD Form 214 he was issued at the time shows in:

	a.  Item 12a, the entry 1986  02  09

	b.  Item 12b (Separation Date this Period), the entry 1999  01  26

	c.  Item 12c, the entry 0012  11  18 (12 years, 11 months, and 18 days);

	d.  Item 12d, the entry 0003  03  00 (3 years and 3 months);

5.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  This regulation specifies that for:

   a.  Item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued;

	b.  Item 12b, enter the date of separation from active duty;

	c.  Item 12c, the net service for the period shown is computed by subtracting item 12a from item 12b and then deducting any time lost and non-creditable service after date of discharge;

	d.  Item 12d, enter the total prior active military service less any time lost.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant was issued a DD Form 214 for the period
13 November 1984 through 12 November 1987.  After a break in service, he enlisted in the RA on 9 February 1989 and he served continuously until his ETS on 26 January 1999.  His DD Form 214 for the period ending 26 January 1999 shows he began his period of service on 9 February 1986.  However, the date of his reenlistment, 9 February 1989, is the beginning of a new period of active service.  Therefore, the date in Item 12a of this DD Form 214 is incorrect.  Therefore, his DD Form 214 should be corrected to show he entered AD this period on 9 February 1989.  Further, Item 12c of this DD Form 214 should be corrected to show 9 years, 11 months, and 18 days.


2.  A review of his record shows he served on active duty from 13 November 1984 through 12 November 1987, a total of 3 years.  Therefore, Item 12d of his DD Form 214 for the period ending 26 January 1999 should be corrected to show 3 years of total prior active 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 all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 for the period ending 26 January 1999 by:

	a. deleting from Item 12a the entry 1986  02  09 and replacing it with the entry 1989  02  09;

	b.  deleting from item 12c the entry 0012  11  18 and replacing it with the entry 0009  11  18; and

	c.  deleting from item 12d the entry 0003  03  00 and replacing it with the entry 0003  00  00.



      _______ _   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)                                         AR20110003023



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003023



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1