IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110017263
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his prior active service credit for all of the time he spent on active duty (AD).
2. He states:
* his DD Form 214, dated 30 April 2008, only shows 13 years, 10 months, and 3 days of total prior active service
* he believes it should show 14 years, 8 months, and 9 days
3. He provides four DD Forms 214.
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. His record contains a DD Form 214 which shows he enlisted in the New York Army National Guard and was ordered to active duty for training on 27 June 1983. The DD Form 214 he was issued shows in:
* item 12b, (Separation date this period), 6 August 1983
* item 12c, (Net Active Service this Period), 1 month and 10 days
* item 12d, (Total Prior Active Service), 2 months and 6 days
*
3. The applicant enlisted in the Regular Army (RA) on 29 February 1984.
4. On 2 November 1996, he was released from AD. His DD Form 214, dated
2 November 1996, shows in:
* item 12c, 12 years, 11 months, and 19 days
* item 12d, 1 month and 10 days
5. On 8 July 1997, he enlisted in the Georgia Army National Guard (GAARNG). On 3 February 2001, he was ordered to AD in support of Operation Joint Endeavor (OJE), Bosnia and served until he was released from AD and returned to the GAARNG. The DD Form 214 he was issued shows in:
* Item 12b, 15 October 2001
* item 12c, 8 months and 13 days
* item 12d, 00 years, 00 months, and 00 days
6. On 15 March 2003, he was ordered to AD in support of Operation Enduring Freedom (OEF) and served until he was released from AD and returned to the GAARNG. The DD Form 214 he was issued shows in:
* Item 12b, 11 February 2004
* item 12c, 10 months and 27 days
* item 12d, 12 years, 8 months, and 4 days
7. On 23 February 2006, he was ordered to AD in support of Operation Iraqi Freedom and served until he was released from AD and returned to the GAARNG. The DD Form 214 he was issued shows in:
* Item 12b, 30 April 2008
* item 12c, 2 years, 2 months, and 8 days
* item 12d, 13 years, 10 months, and 3 days
8. Army Regulation 635-5 (Separation Documents), prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from AD service, or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214.
9. Table 2-1 (DD Form 214 Preparation Instructions) of the same regulation contains item-by-item instructions for completing the DD Form 214. The
instructions for item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein.
a. Block 12a states to enter the beginning date of the enlistment period or
tour of AD for which a DD Form 214 was not issued under paragraph 1-4b(5).
b. Block 12b states to enter the separation date this period.
c. Block 12c states to enter the amount of service that period (subtract 12a from
12b).
d. Block 12d states to enter the total amount of prior active military service
less lost time, if any. If there was no prior active service, enter "00 00 00."
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant:
* was ordered to AD from 27 June to 6 August 1983
* served in the RA from 29 February 1984 to 2 November 1996
* was ordered to AD from 3 February to 15 October 2001
* was ordered to AD from 15 March 2003 to 11 February 2004
2. A calculation for the above periods under review shows the following:
1983 08 06 released from AD
- 1983 06 27 entered AD for training
= 00 01 09
+ 01 day inclusive
= 00 01 10 time on AD (Net Active Service)
+ ____ 02 06 prior AD service
= 00 03 16
1996 11 02 released from AD (RA)
- 1984 02 29 entered AD (RA)
= 12 08 04
+ 01 day inclusive
= 12 08 05 time in RA (Net Active Service)
2001 10 15 released from AD
- 2001 02 03 ordered to AD in support of OJE
= 00 00 12
+ 01 day inclusive
= 00 08 13 time on AD (Net Active Service)
2004 02 11 released from AD
- 2003 03 15 ordered to AD in support of OEF
= 00 10 27
+ 01 day inclusive
= 00 10 28 time on AD (Net Active Service)
3. Evidence of record shows he has a total of 14 years and 7 months prior AD service, therefore he is entitled to have item 12d of his DD Form 214, dated 30 April 2008, corrected to show 14 years, 7 months, and 2 days of prior AD service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X __ ____X __ ____X __ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
______ ________ __________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12d of DD Form 214, dated 30 April 2008 to show 14 years,
7 months, and 2 days.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting Item 12d of his
DD Form 214 to show 14 years, 8 months, and 9 days.
_______ _ 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) AR20110017263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017263
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