IN THE CASE OF:	  

		BOARD DATE:  8 May 2012

		DOCKET NUMBER:  AR20110021359 


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 to Item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 2006.

2.  The applicant states Item 12a of his 2006 DD Form 214 shows the date of 28 October 2002.  He states he entered Regular Army (RA) service on
9 December 2002.  It was an interservice transfer from the U.S. Navy (USN) with no break in service.

3.  The applicant provides his:

* 2002 USN DD Form 214
* 2002 Army AD orders
* 2006 RA DD Form 214
* Estimated Earnings During Military Service form

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.  With prior active service, the applicant was commissioned as a lieutenant junior grade (LTJG)/O-2 in the USN on 18 August 2000.

3.  Orders A-10-295336, issued by the Total Army Personnel Command, St. Louis, MO, dated 25 October 2002, ordered the applicant to AD to fulfill an active Army requirement for 3 years with a reporting date of 9 December 2002.

4.  He was appointed in the U.S. Army Reserve (USAR), as a second lieutenant, on 14 November 2002.

5.  On 8 December 2002, he was honorably released from the USN and he was transferred to the U.S. Army by reason of an interdepartmental transfer.  The
DD Form 214 he was issued at the time shows he completed 2 years, 3 months, and 21 days of net active service this period.

6.  On 9 December 2002, he entered the Regular Army.  He continued to serve until he was honorably released from AD on 30 April 2006.  He did not have any time lost.  He was transferred to the USAR Control Group (Individual Ready Reserve (IRR)) to complete his remaining service obligation.  Item 12a of the
DD Form 214 he was issued at the time shows his AD date this period as 28 October 2002.  Item 12c (Net Active Service This Period) of this DD Form 214 credited him with completing 2 years, 5 months, and 28 days of net active service this period.

7.  The Soldier Management System (SMS) on the Army Human Resources Command Integrated Web Service (IWS), Major Personnel Actions section, shows he was discharged from the USAR on 16 September 2007.  The IWS also shows he was again appointed in the USAR, as a captain, on 15 February 2012.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that will be furnished each individual separated from the Army and establishes standardized procedures for the preparation and distribution of these documents.  It also established standardized policy for the preparation of the DD Form 214.  It states for:

	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, enter the amount of service this period, computed by subtracting item 12a from 12b (Separation Date This Period).   Time lost under Title 10, U.S. Code, section 972 and non-creditable time after a member's expiration of term of service (ETS), if any, are deducted.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was issued orders in October 2002 for entry on AD with a reporting date of 9 December 2002.  He was appointed in the USAR on 14 November 2002.  He was released from the USN on 8 December 2002 and issued a DD Form 214 for his period of USN service.  He entered AD on 9 December 2002.  He was released from AD on 30 April 2006 and he was transferred to the IRR.  He was issued a DD Form 214 showing he entered AD this period on 28 October 2002 and crediting him with 2 years, 5 months, and 28 days of net active service.

2.  In accordance with regulatory guidance, Item 12a of his DD Form 214 for the period ending 30 April 2006 will list the date he entered AD this period.  Therefore, he is entitled to correction of Item 12a of his 2006 DD Form 214 to show he entered AD this period on 9 December 2002.  He is also entitled to correction of Item 12c to show he completed 3 years, 4 months, and 22 days of net active service this period.

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 12a of the applicant's DD Form 214 for the period ending 30 April 2006 the entry "2002  10  28" and replacing it with the entry "2002  12  09," and

	b.  deleting from Item 12c of his DD Form 214 for the period ending 30 April 2006 the entry "0002  05  28" and replacing it with the entry "0003  04  22."



      __________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)                                         AR20110021359



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ABCMR Record of Proceedings (cont)                                         AR20110021359



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