IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110022079
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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty in 2000.
2. The applicant states:
* the entry date on his DD Form 214 is incorrect
* the year should be 2000 not 2003
* he is filing for Department of Veterans Affairs benefits and needs to have the date corrected
3. The applicant provides 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 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 enlistment document shows he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years on 14 March 2003 with no prior active or inactive service. On 14 April 2003, he was discharged from the DEP and he enlisted in the Regular Army (RA) for 3 years on 15 April 2003.
3. On 23 October 2003, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 5-18, for a physical condition, not a disability.
4. Item 12a of his DD Form 214 shows the entry "2003 04 15" (15 April 2003).
5. There is no evidence of record which shows he entered active duty in 2000.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his entry date shown on his DD Form 214 is incorrect and the year should be 2000, not 2003. However, there is no evidence of record and he did not provide any evidence which shows he enlisted in 2000.
2. Since his enlistment document shows he enlisted in the RA on 15 April 2003 which is properly shown in item 12a of his DD Form 214, there is insufficient evidence on which to amend item 12a of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110022079
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022079
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100000351
The DD Form 214 effective 9 May 2003 shows in item 12a that he entered active duty on 2 October 2000. Army Regulation 635-5 states each entry in item 13 of the DD Form 214 will be verified by the Soldier's records. Item 12c of his DD Form 214 effective 9 May 2003 is incorrect based on the applicant's continuous active service from 26 August 1998 to 9 May 2003.
ARMY | BCMR | CY2009 | 20090008742
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date he entered active duty as 20 February 2003 instead of 15 September 2004. Item 12a (Date Entered Active Duty (AD) This Period) shows "2004 09 15"; b. Item 12b (Separation Date This Period) shows "2005 12 01"; c. Item 12c (Net Active Service This Period) shows "0002 08 29"; and d. Item 12e (Total Prior Inactive Service) shows "0000 00 00."
ARMY | BCMR | CY2009 | 20090012841
Item 12a (Date Entered Active Duty This Period) shows the entry "2000 02 19"; b. Item 12 shows the Record of Service. He completed 5 months and 8 days of creditable active service and he was issued a DD Form 214 that captured this period of ADT.
ARMY | BCMR | CY2011 | 20110020571
The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 16 March 2000 for 8 years. With respect to correction to items 12a, 12d, and 12e of his 2007 DD Form 214, the evidence of record shows he enlisted in the USAR on 16 March 2000 for 8 years. With respect to correction to his 2007 DD Form 214 for removal of the entry "Subject To AD Recall" from Item 18, the evidence shows at the time of his REFRAD on 5 October 2007 he had a MSO of 15 March 2008.
ARMY | BCMR | CY2009 | 20090002017
The applicant's records show that she enlisted in the RA for the second time on 2 January 2003. Therefore, item 12a of her DD Form 214 for the period ending 1 August 2005 should be corrected to show this date. Therefore, item 12c of her DD Form 214 should be corrected to show 2 years and 7 months.
ARMY | BCMR | CY2009 | 20090004788
Application for correction of military records (with supporting documents provided, if any). The applicant provides a MEPS accession document that was prepared upon his enlistment in the RA and entry on active duty, which is dated 8 January 1991. The DD Form 4 on file confirms the applicant enlisted in the RA and entered active duty on 8 January 1991, not 1992, as is indicated in item 12a of his DD Form 214.
ARMY | BCMR | CY2009 | 20090014526
The applicant provides the following documents in support of his application: * DA Form 1506 (Statement of Service), dated 7 August 2009 * Release from active duty (REFRAD) and Retirement Orders * DD Form 214 dated 31 August 2003 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) dated 17 February 1987 * DD Form 214 dated 3 December 1986 * United States Air Force (USAF) Enlistment/Active Duty Orders dated 15 March 1983 * DD Form 4 (Enlistment/Reenlistment...
ARMY | BCMR | CY2011 | 20110005768
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 12a (Date Entered AD (Active Duty) This Period) from "1998 07 02" to 1998 08 18" * Item 12c (Net Active Service This Period) from "0007 03 01" to "0007 01 14" 2. Therefore, he is entitled to correction of his DD Form 214 to show the correct date of entry and correct net service completed. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090004150
The applicant provides a DD Form 4 (Enlistment Record) and DD Form 214 in support of his application. The DD Form 214 the applicant was issued upon discharge on 24 June 2000 contains an entry in item 12a which shows he entered AD for this enlistment period on 21 July 1992. The evidence of record confirms the applicant enlisted in the RA and entered AD on the enlistment covered by the DD Form 214 in question on 21 April 1994, as evidenced by the DD Form 4 on file in his record.
ARMY | BCMR | CY2010 | 20100029748