IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017586
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) by amending item 12a (Date Entered AD) This Period).
2. She states the date of entry shown on her DD Form 214 is incorrect.
3. She provides a copy of her DD Form 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 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. A DD Form 4 (Enlistment/Reenlistment Document) shows she enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry Program on 22 March 1984. On 21 August 1984, she enlisted in the Regular Army (RA) for 3 years.
3. Her record contains two additional DD Forms 4 which show she reenlisted in the RA during the following periods with no break in service:
Date
Term
Active Military Service
Inactive Military Service
13 March 1987
3 years
2 years, 6 months, 22 days
4 months, 29 days
11 December 1989
4 years
5 years, 3 months, 20 days
4 months, 29 days
4. On 31 May 1992, she was honorably released from active duty. Her DD Form 214 contains the following entries:
* Item 12a 89 12 11 (11 December 1989)
* Item 12b (Separation Date This Period) 92 05 31 (31 May 1992)
* Item 12c (Net Active Service This Period) 2 years, 5 months, 20 days
* Item 12d (Total Prior Active Service) 5 years, 3 months, 20 days
* Item 18 (Remarks) Immediate reenlistments this period:
840821 870312 (21 August 1984 12 March 1987); 870313 891210
(13 March 1987 10 December 1989); 891211 920531
(11 December 1989 31 May 1992)
5. Based on her date of entry on AD and her date of separation shown on her DD Form 214, she had completed a total of 7 years, 9 months, and 11 days of net active service for this period.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Effective 1 October 1979, a DD Form 214 will not be issued to a Soldier who reenlists in the RA.
7. Paragraph 2-4 of the same regulation provides instructions for the completion of items that appear on the DD Form 214. Instructions for the completion of Item
12 (Record of Service) are as follows:
a. Item 12a - Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
b. Item 12c - Amount of service this period, computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in Item 18.
c. Item 12d - From previously issued DD Forms 214, enter total amount of prior active military service, less lost time, if any. If not applicable, enter "00 00 00."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms she enlisted in the RA on 21 August 1984 as confirmed by her initial enlistment contract for that period.
2. Item 12a of her DD Form 214 shows she entered AD on 11 December 1989. It is apparent that an administrative error occurred when preparing this form. Based on the evidence of record which confirms she reenlisted in the RA twice with no break in service, it would be appropriate to amend item 12a of her
DD Form 214 to show 21 August 1984.
3. As a result of correcting item 12a of her DD Form 214, item 12c should also be corrected to show 7 years, 9 months, and 11 days and item 12d should be corrected to show 0 years, 0 months, and 0 days.
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 her DD Form 214 as follows:
a. Item 12a to show the entry: 84 08 21;
b. Item 12c to show the entry: 7 years, 9 months, 11 days; and
c. Item 12d to show the entry 0 years, 0 months, 0 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) AR20110017586
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017586
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003023
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1999 to show in: * Item 12a (Date entered AD this period) the entry 1989 02 09 instead of 1986 02 09 * Item 12c (Net Active Service this period) the entry 0009 11 18 instead of 0012 11 18 * Item 12d (Total Prior Active Service) the entry 0003 00 00 instead of 0003 03 00 2. The applicant provides: * DD Forms 4/1 (Enlistment/Reenlistment Document)...
ARMY | BCMR | CY2010 | 20100018129
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 September 1979 instead of 8 June 1984. The applicant provides a DD Form 214. She completed 4 years, 8 months, and 27 days of creditable active military service during this period of initial enlistment.
ARMY | BCMR | CY2009 | 20090017825
The applicant requests correction to the entries in item 12 (Record of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 1998. Item 12b (Separation Date This Period) - "2002 10 01"; c. Item 12c (Net Active Service This Period) - "0011 00 00"; d. Item 12d (Total Prior Active Service) - " 0000 06 00," based on her Army National Guard (ARNG) service; e. Item 12e (Total Prior Inactive Service) - "0004 00 00," based on 1 year of...
ARMY | BCMR | CY2010 | 20100016060
The applicant requests, in effect, her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include the following: * credit for her service in the Delayed Entry Program (DEP) * award of the Army Achievement Medal (AAM) * an honorable discharge 2. Item 18 (Remarks) of her DD Form 214 shows the period of DEP as "870529 - 880201." Evidence of record shows that she served 8 months and 4 days between the time she enlisted in the DEP on 29 May 1987 and the time she...
ARMY | BCMR | CY2010 | 20100012041
Application for correction of military records (with supporting documents provided, if any). The applicant requests the following corrections: * An upgrade of his bad conduct discharge to a fully honorable discharge * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Item 12a (Date Entered AD (Active Duty) This Period) from 25 June 1979 to ?? The applicant contends his discharge should be upgraded; his dates of entry and separation on the DD...
ARMY | BCMR | CY2010 | 20100019756
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.
ARMY | BCMR | CY2006 | 20060004741C070205
The evidence shows the applicant reenlisted on 11 May 1977 and continued to serve until he was honorably discharged on 6 December 1989. However, the evidence shows he completed only 3 years and 16 days of total prior service from his previous DD Form 214, dated 10 May 1977. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the entry "03 00 16" in item 12d (Total Prior Active Service), of his DD Form 214, dated 6...
ARMY | BCMR | CY2009 | 20090001880
After completing 7 months and 20 days of net active service this period, the applicant was honorably discharged on 18 September 2007, under the provisions of Army Regulation 635-200, paragraph 5-8, due to parenthood. The DD Form 214 that the applicant was furnished, on 18 September 2007, erroneously shows she entered AD this period on 29 October 2001; that she completed 5 years, 10 months and 20 days of net active service this period; that she had no total prior active service; that she had...
ARMY | BCMR | CY2003 | 2003086318C070212
The applicant requests, in effect, that his separation document (DD Form 214) should be corrected to show he was granted an honorable discharge for his first enlistment. By regulation, Item 18 (Remarks) of the DD Form 214 will contain the entry "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment)” in Item 18 (Remarks), for enlisted soldiers with more than one enlistment period during the...
ARMY | BCMR | CY2009 | 20090008766
IN THE CASE OF: BOARD DATE: 1 October 2009 DOCKET NUMBER: AR20090008766 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests the date in item 12a (Date Entered AD [Active Duty] This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 26 May 1999 be changed to read "1996 04 10" (10 April 1996) instead of "1984 11 07" (7 November 1984). Army Regulation 635-5 (Separation Documents), in effect at the time, stated that...