IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005768
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) as follows:
* Item 12a (Date Entered AD (Active Duty) This Period) from "1998 07 02" to 1998 08 18"
* Item 12c (Net Active Service This Period) from "0007 03 01" to "0007 01 14"
2. The applicant states his DD Form 214 contains errors.
3. The applicant provides his DD Form 214 and his DD Form 4 (Enlistment/
Reenlistment Document).
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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 21 July 1998. He was discharged from the USAR on 17 August 1998 for the purpose of enlisting in the Regular Army (RA).
3. He executed a 4-year enlistment in the RA on 18 August 1998. He subsequently completed the required training and she was awarded military occupational specialty (MOS) 13M (MLRS (Multi-launch Rocket System) Crewmember).
4. He executed a 4-year reenlistment on 3 October 2001 and held MOS 31E (Corrections Specialist). He served in Korea from October 2002 to October 2003.
5. He was honorably released from active duty on 2 October 2005. The DD Form 214 he was issued shows the following entries:
* item 12a "1998 07 02"
* item 12b (Separation Date This Period) "2005 10 02"
* item 12c "0007 03 01"
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 states that item 12 shows the record of service. A breakdown of entries in item 12 is as follows: item 12a shows the date of entry on active duty; item 12b shows the Soldier's transition/separation date; and item 12c shows all service, less time lost.
DISCUSSION AND CONCLUSIONS:
The applicant enlisted in the RA on 18 August 1998 and he reenlisted on 3 October 2001. He was released from active duty on 2 October 2005. He completed a total of 7 years, 1 month, and 14 days of net active service. His DD Form 214 inadvertently listed his date of entry as 2 July 1998 which also resulted in an incorrect entry for the total active service he completed. Therefore, he is entitled to correction of his DD Form 214 to show the correct date of entry and correct net service completed.
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:
* deleting from item 12a of his DD Form 214 the entry "1998 07 02" and adding the entry "2007 08 18"
* deleting from item 12c of his DD Form 214 the entry "0007 03 01" and adding the entry "0007 01 14"
_______ _ _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) AR20110005768
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ABCMR Record of Proceedings (cont) AR20110005768
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