IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120002931
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect in block 12a that he entered active duty this period of 18 January 2001 instead of 9 November 2003.
2. The applicant states that his DD Form 214 incorrectly reflects that he entered active duty this period on 9 November 2003, the date he reenlisted in Iraq instead of 18 January 2001 when he enlisted in the Regular Army after being discharged from the Army National Guard.
3. The applicant provides copies of his DD Forms 214, a page from his enlistment contract (DD Form 4/2), a DA Form 1506 (Statement of Service), permanent change of station (PCS) orders, and his travel voucher.
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. The applicant enlisted in the Regular Army on 9 September 1986 for a period of 3 years and served until he was discharged under honorable conditions on 24 June 1988. He had served 1 year, 9 months and 16 days of active service.
3. On 1 December 1999, he was granted a waiver and enlisted in the North Carolina Army National Guard (NCARNG). He continued to serve until he was honorably discharged on 17 January 2001 to enlist in a component of the Armed Forces.
4. He enlisted in the Regular Army on 18 January 2001 for a period of 3 years and was transferred to Germany for his first duty assignment.
5. On 9 November 2003, while deployed to Iraq, he reenlisted for a period of 3 years.
6. On 10 February 2007, while again deployed to Iraq, he reenlisted for a period of 6 years, assignment to Fort Benning, Georgia, and a selective reenlistment bonus (SRB).
7. On 4 February 2009, he was honorably discharged under the provisions of Army Regulation 635-40 due to disability, severance pay, non-combat related. He had served 8 years and 17 days of active service this period and his DD Form 214 issued at the time of his discharge shows in block 12a that he entered active duty this period on 9 November 2003.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will reflect in block 12a the date an individual entered active duty and served without a break in service.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army on 18 January 2001 and served without a break in service until his discharge on 4 February 2009. However, his 2009 DD Form 214 incorrectly reflects that he entered active duty on
9 November 2003.
2. Accordingly, his 2009 DD Form 214 should be corrected to show in block 12a that he entered active duty this period on 18 January 2001.
BOARD VOTE:
___X ___ ___X____ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 entry in block 12a 2003 11 09 of his DD Form 214 dated 4 February 2009
* Adding the entry 2001 01 18 in block 12a of his DD Form 214 dated 4 February 2009
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20120002931
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