IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110013365
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 item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 1 June 1994 through 30 June 2006 to read "1 June 1997."
2. The applicant states:
* he served on AD as an enlisted Soldier from 2 February 1976 through 1 February 1979, a period of 3 years
* he was appointed as a Reserve commissioned officer in the Chaplain Corps on 19 May 1997
* he entered AD as a first lieutenant (1LT) on 1 June 1997 and his basic active service date (BASD) was established as 1 June 1994
3. The applicant provides:
* his DD Form 214
* his college transcripts
* his memorandum of appointment as a Reserve commissioned officer
* his DA Form 71 (Oath of Office)
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. With 3 years of prior enlisted service in the Regular Army, the applicant was appointed as a 1LT in the Chaplain Corps and entered AD on 1 June 1997. His BASD was re-calculated based on his 3 years of enlisted service and was established as 1 June 1994.
3. The applicant served on AD until 30 June 2006 when he was honorably discharged. Item 12a of his DD Form 214 shows the date "1994 06 01" for 1 June 1994.
4. In the processing of this case, an advisory opinion was obtained from the Personnel Management Officer, Office of the Chief of Chaplains, which states the applicant's DD Form 214 is incorrect; he entered AD on 1 June 1997. The advisory opinion provided Orders A-05-003605, U.S. Total Army Personnel Command, St. Louis, MO, dated 19 May 1997, ordering the applicant to AD on 2 June 1997.
5. The applicant was provided an opportunity to respond to the advisory opinion and he concurred on 11 October 2011.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of item 12a of his DD Form 214 for the period ending 30 June 2006 to show he entered AD on 1 June 1997.
2. The applicant was not on AD in 1994. He was appointed a 1LT in May 1997 and ordered to AD on 2 June 1997. It appears he reported 1 day earlier on 1 June 1997 as stated in the advisory opinion.
3. The separation station erroneously entered the applicant's adjusted BASD in item 12a of his DD Form 214. This should be corrected.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 12a of his DD Form 214 for the period ending 30 June 2006 to read "1997 06 01."
____________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) AR20110013365
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013365
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