IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120007423
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 on 6 November 1997.
2. The applicant states his DD Form 214 shows an incorrect date in item 12a. All other fields in item 12 (Record of Service) point to a 5 year enlistment. An error was made when the DD Form 214 was prepared. He is attempting to buy back military time for the Federal Employees Retirement System (FERS) and needs to have this time credited towards retirement.
3. The applicant provides his:
* DD Form 214
* DD Form 4 (Enlistment/Reenlistment Document), dated 6 November 1997
* DA Form 1059 (Service School Academic Evaluation Report), dated
10 November 1999
* sergeant promotion orders, dated 17 August 1999
* October 1998, December 1999, and January 2000 Military Leave and Earnings Statements (LES)
* reassignment orders, dated 6 April1998
* DA Form 31 (Request and Authority for Leave) dated 26 March 1998
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. Following prior service, the applicant enlisted in the Regular Army for
5 years on 6 November 1997. He completed training and was awarded military occupational specialty 67T (UH-60 Helicopter Repairman).
3. He was honorably released from active duty on 5 November 2002. His DD Form 214 shows in:
* item 12a "2001 01 01" (indicating he entered active duty for this period on 1 January 2001)
* item 12c "0005 00 00" (Indicating he served 5 years of active duty for the period covered by the DD Form 214)
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 states that item 12 shows the record of service. A breakdown of entries in item 12 is as follows: item 12a shows the date of entry on active duty; item 12b shows the Soldier's transition/separation date; and item 12c shows all service, less time lost.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows he entered active duty on 6 November 1997 and served his 5 year commitment; not 1 January 2001 as shown in item 12a of his DD Form 214.
2. His DD Form 214, ending 5 November 2002, should be corrected to show he entered active duty for that period on 6 November 1997.
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 from item 12a of his DD Form 214 ending 5 November 2002 the entry "2001 01 01" and adding the entry "1997 11 06."
____________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) AR20110005768
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120007423
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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