IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120003574
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 April 2005 to show the date he entered active duty as 16 June 1993 vice 9 February 1993.
2. The applicant states his DD Form 214 has the incorrect date he entered active duty.
3. The applicant provides:
* two DD Forms 214
* four DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes)
* an Enlisted Record Brief
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. Having had prior Reserve service, the applicant's records show he enlisted in the Regular Army (RA) in the rank of private first class on 16 June 1993. He was promoted to the rank of specialist on 16 December 1994 and to the rank of sergeant (SGT) on 9 July 1999.
3. He was honorably discharged from active duty on 24 April 2005 in the rank of SGT. He completed 12 years, 2 months, and 16 days of creditable active service during this period of service.
4. The DD Form 214 he was issued for this period of service contains the following entries:
* Item 12a (Date Entered AD This Period) "1993 02 09"
* Item 12c (Net Active Service This Period) "0012 02 16"
5. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) for this period of service shows he served in the U.S. Army Reserve (USAR) from 12 July 1991 through 15 June 1993. It also shows he enlisted in the RA and entered active duty at the Military Entrance Processing Station, Richmond, VA on 16 June 1993.
6. The applicant provides a DA Form 1506, undated, that shows he served in the USAR from 12 July 1991 through 15 June 1993. It also shows he served in the RA from 16 June 1993 through 24 April 2005 with 11 years, 10 months, and 9 days of net active service during this period of service.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that for the period ending 24 April 2005, the applicant entered active duty on 16 June 1993 and completed 11 years, 10 months, and 9 days of net active service during this period of service. It appears an administrative error occurred when his DD Form 214 for this period was prepared and the date he entered active duty was listed as 9 February 1993 and this date was used to calculate his net service. Therefore, he is entitled to correction of his DD Form 214 to show the correct date he entered active duty during this period of service.
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 entries in Item 12a and Item 12c of his DD Form 214 for the period ending 24 April 2005 and replacing them as follows:
* Item 12a "1993 06 16"
* Item 12c "0011 10 09"
_______ _ 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) AR20120003574
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ABCMR Record of Proceedings (cont) AR20120003574
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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