IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110014207
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 items 12b (Separation Date This Period) and 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 July 2003.
2. The applicant states:
* His dates of service are incorrect
* He was separated with erroneous information and the error was discovered after he had departed
3. The applicant provides:
* A memorandum from the Chief, Adjutant General (AG) Transition Branch, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, dated 12 April 2004
* DD Form 214 for the period ending 17 July 2003
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Order A-02-003131, issued by the U.S. Total Army Personnel Command,
St. Louis, MO, dated 23 February 2001, ordered the applicant to proceed to
Fort Sam Houston, TX for the purpose of attending the Army Medical Department (AMEDD) Officer Basic Course (OBC), with a will proceed and reporting date of 18 March 2001, early reporting not authorized. Upon completion of OBC he would proceed to his first permanent duty station to fulfill his 3-year active Army requirement.
3. He was subsequently released from active duty at Fort Bliss and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The DD Form 214 he was issued at the time shows in:
* item 12a the entry "2001 03 17" [17 March 2001]
* item 12b the entry 2003 07 17 [17 July 2003]
* item 12c the entry 0002 04 01 [2 years, 4 months, and 1 day]
4. He provided a memorandum from the Chief, AG Transition Branch, U.S. Army Air Defense Artillery Center, Fort Bliss, dated 12 April 2004, that states:
a. he was separated with erroneous information and the error was discovered after the applicant had departed.
b. request a DD Form 215 (Correction to DD Form 214) be issued to correct item 12b of his DD Form 214 to show he was released from active duty on
17 March 2004 and item 12c to show he completed 3 years of net active service this period.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant was separated on 17 March 2004.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant entered active duty this period on 18 March 2001. Therefore, his DD form 214 should be corrected to show this date.
2. The Fort Bliss memorandum provided by the applicant and the DFAS confirmation showing he was released from active duty on 17 March 2004 after lcompleting 3 years of creditable active service are accepted as sufficient evidence in which to correct items 12b and 12c of his DD Form 214. Therefore, his DD Form 214 for this period should be corrected accordingly.
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:
a. deleting from item 12 of his DD Form 214 the entry "2001 03 17" and replacing it with the entry "2001 03 18";
b. deleting from item 12b of his DD Form 214 the entry "2003 07 17" and replacing it with the entry 2004 03 17; and
c. deleting from item 12c of this DD Form 214 the entry "0002 04 01" 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) AR20110014207
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ABCMR Record of Proceedings (cont) AR20110014207
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