IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120007846 


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) to show his enlistment date as 19 April 1982 vice 30 January 1986. 

2.  The applicant states it appears to be a clerical error.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and Enlistment/Travel Order Number 79-7.

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 records show he initially enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 7 December 1981.  He was discharged from the DEP 4 months and 13 days later and he enlisted in the Regular Army (RA) for a period of 4 years on 20 April 1982.

3.  He was discharged on 29 January 1986 for the purpose of immediate reenlistment in the RA.  He completed 3 years, 9 months, and 10 days of active service during this period.

4.  He reenlisted in the RA for a period of 6 years on 30 January 1986.  

5.  He was honorably discharged with a narrative reason for separation of "ordered to active duty as a commissioned or warrant officer" on 30 September 1992.  He was credited with 6 years, 8 months, and 1 day of net active service during this period.  The DD Form 214 he was issued shows the following entries:

* item 12a (Date Entered Active Duty This Period) "1986  01  30"
* item 12b (Separation Date This Period) "1992  09  30"
* item 12c (Net Active Service This Period) "0006  08  01"
* Item 12d (Total Prior Active Service) "0003  09  10"
* Item 12e (Total Prior Inactive Service) "0000  04  13"

6.  The applicant provides Enlistment/Travel Order Number 79-7, dated 20 April 1982, issued by the Military Entrance Processing Station, Seattle, WA, which indicates the applicant was discharged from the USAR on 19 April 1982.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:  

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for makeup of lost time, or retained on active duty for the convenience of the Government;

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b (less lost time);

	d.  Item 12d, obtained from previously-issued DD Forms 214, shows the total amount of prior active military service less lost time, if any; and
	
   e.  Item 12e is obtained from previously-issued DD Forms 214 and/or Soldier's records, shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory mandatory service obligation, and will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show his enlistment date as 19 April 1982 vice 30 January 1986 has been carefully examined and found to have partial merit.

2.  The evidence of record shows the applicant initially enlisted in the USAR under the DEP on 7 December 1981.  He remained in the DEP for 4 months and 13 days before he enlisted in the RA on 20 April 1982.  His DEP time occurred before January 1985, and is correctly listed in item 12e of his DD Form 214.

3.  He enlisted in the RA on 20 April 1982.  He completed 3 years,
9 months, and 10 days before he immediately reenlisted and was subsequently discharged on 30 September 1992 after completing an additional 6 years,           8 months, and 1 day of service.  

	a.  Since he entered active duty on 20 April 1982, his DD Form 214 should have listed this date as the date of entry on active duty.  Therefore, item 12a should be corrected to show this date.

	b.  He completed 10 years, 5 months, and 11 days of active service between the date he enlisted on 20 April 1982 and the date he was discharged on          30 September 1992.  Therefore, item 12c should be corrected to show this service.

   c.  Since the applicant’s corrected time is now inclusive, item 12d should no longer reflect any prior active service time.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the entry in item 12a and replacing it with the entry "1982  04  20"
   
   b.  deleting the entry in item 12c and replacing it with the entry "0010  05  01" 

   c.  deleting the entry in item 12d and replacing it with the entry "0000  00  00"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the applicant’s enlistment date to 19 April 1982.



      __________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)                                         AR20120007846



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007846



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1