IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110017282 


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 Delayed Entry Program (DEP) service dates entered in item 18 (Remarks) of his 8 March 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states he enlisted in 1997 and would like the entry corrected accordingly.  He claims the entry should read “19970627-20000422.”  

3.  The applicant provides an Army Continuing Education (ACES) Record in support of his application.  

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 record contains a DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) that shows the applicant enlisted in the United States Army Reserve (USAR) DEP on 6 December 1996, and was discharged from the DEP and enlisted in the Regular Army for 3 years on
27 June 1997.  

3.  The record shows the applicant served on active duty in the Regular Army for 3 years until 26 June 2000, at which time he was honorably released from active duty.  The DD Form 214 issued to the applicant upon his REFRAD on 26 June 2000, contains the entry “PERIOD OF DELAYED ENTRY PROGRAM 19961206-19970626.”  

4.  On 23 April 2003, after serving in the Army National Guard (ARNG) and USAR, the applicant reenlisted in the RA for 3 years.  He served in this status until 8 March 2003, at which time he was honorably discharged, in the rank of sergeant/E-5.  The DD Form 214 he was issued for this period of service contains the entry “0007  10  14” in item 12c (Net Active Service This Period), the entry “0000  00  00” in item 12d (Total Prior Active Service), and the entry “PERIOD OF DELAYED ENTRY PROGRAM 19990627-20000422” in item 18.  

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12c state to enter the amount of service this period, computed by subtracting item 12a (DATE ENTERED AD THIS PERIOD) from 12b (SEPARATION DATE THIS PERIOD).  The instructions for item 12d state to enter the total amount of prior active military service from previously issued 
DD Forms 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the DEP date entry in item 18 of his 8 March 2008 DD Form 214 be corrected has been carefully considered and found to have merit.  Therefore, it would be appropriate to correct this entry to show his DEP inclusive dates as “19961206-19970626”, as evidenced by the DD Form 4, dated 6 December 1996 contained in his record.  

2.  By regulation, the entry in item 12c of the DD Form 214 should be arrived at by subtracting item 12a from item 12b, and item 12c should contain all prior active military service from previously issued DD Forms 214.  


3.  The evidence of record confirms the applicant served on active duty for
3 years between 27 June 1996 and 26 June 2000, and that he was issued a 
DD Form 214 covering this period of service.  As a result, items 12c and 12d of the applicant’s 8 March 2008 DD Form 214 should be corrected by deleting the current entries and replacing them with the entries “0004  10  16” and “0003  00  00”, respectively.  

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 amending his 8 March 2003 DD Form 214 as follows:

   a.  Item 12c - delete the current entry and replace it with the entry
   “0004  10 16”;

   b.  Item 12d - delete the current entry and replace it with the entry “0003  00 00”; and 
   
   c.  Item 18 - delete the inclusive dates of the DEP entry and replace them with the dates “19961206-19970626.”



      _______ _   __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)                                         AR20110017282



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ABCMR Record of Proceedings (cont)                                         AR20110017282



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