IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020628
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 his date of entry on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 January 2007.
2. The applicant states his date of entry should be shown as "2003 10 14" instead of "2005 10 14. He further states, in effect, he was already serving in Iraq on 14 October 2005.
3. The applicant provides a copy of his 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. His record contains:
a. a DD Form 4/1 (Enlistment/ Reenlistment Document of the Armed Forces of the U.S.) which shows he enlisted in the Regular Army on 14 October 2003.
b. a DD Form 1966/1 (Record of Military Processing - Armed Forces of the U.S.), item 18 (Accession Data) which shows an enlistment, active duty service, and pay entry date of 14 October 2003.
c. an Enlisted Record Brief, dated 18 December 2006, which lists his Basic Active Service Date as 14 October 2003. This form also lists his date of rank (DOR) to private as 14 October 2003 and his DOR to specialist as 14 October 2005.
3. Item 12 (Record of Service) of his DD Form 214 contains the following pertinent information:
a. Item 12a (Date Entered Active Duty This Period) shows he entered active duty on 14 October 2005.
b. Item 12b (Separation Date This Period) shows he was released from active duty on 13 January 2007.
c. Item 12c (Net Active Service This Period) shows his net active service for the period covered by this form was 3 years and 3 months.
d. Item 12d (Total Prior Active Service) shows no active service was completed prior to this period of service 0 years, 0 months, and 0 days.
4. Item 18 (Remarks) of his DD Form 214 shows he performed service in Iraq during the period 15 August 2005 through 30 November 2006.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states:
a. the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge;
b. the date of enlistment or reenlistment would be entered in item 12a;
c. the Soldier's transition date will be entered in item 12b;
d. amount of service this period, computed by subtracting item 12a from 12b will be entered in item 12c; and
e. amount of total prior active service will be entered in item 12d.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his date of entry as 14 October 2003 was carefully considered and determined to have merit.
2. The evidence clearly shows:
a. he enlisted in the Regular Army on 14 October 2003;
b. he served on active duty from 14 October 2003 until he was honorably released from active duty on 13 January 2007, a period of 3 years and 3 months; and
c. he had no prior active service before his 14 October 2003 enlistment.
3. The evidence shows the applicant was issued a DD Form 214 for the period ending 13 January 2007, on which his date of entry erroneously appears as 14 October 2005. In view of the foregoing, he is entitled to correction of his
DD Form 214 to accurately reflect his proper date of entry on active duty.
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 deleting the current entry in item 12a and adding the entry "2003 10 14."
_______ _ __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) AR20110020628
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ABCMR Record of Proceedings (cont) AR20110020628
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