IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120009249
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 correct year of separation.
2. The applicant states he served 4 years on active duty; however, his DD Form 214 shows his entry date as 1 December 1982 and his discharge date as
30 November 1982.
3. The applicant provides no documentary evidence in support of his request.
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. On 30 September 1982, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP). On 30 November 1982, he was discharged from the USAR DEP and on 1 December 1982, he enlisted in the Regular Army.
3. His record contains a DA Form 2-1 (Personnel Qualification Record) that shows in item 35 (Record of Assignments) he was released from active duty (REFRAD) on 30 November 1986 and he was transferred to a USAR unit on
1 December 1986 to complete his remaining Reserve obligation.
4. His record also contains Orders 171-22, issued by the U.S. Army Transportation Center, Fort Eustis, VA, dated 4 September 1986. These orders assigned him to the U.S. Army Transition Activity, Fort Eustis with a reporting and separation date of 30 November 1986.
5. The DD Form 214 the applicant was issued at the time of his REFRAD shows in item 12b (Separation Date this Period) the entry "82 11 30" (30 November 1982).
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant entered active duty in the RA on
1 December 1982. He served on active duty for 4 years prior to his REFRAD on 30 November 1986, as evidenced by an entry in item 35 of his DA Form 2-1 and Orders 171-22, dated 4 September 1986. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct separation date as indicated below.
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 12b of his DD Form 214 the current entry and replacing it with the entry "86 11 30."
_____________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) AR20120009249
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ABCMR Record of Proceedings (cont) AR20120009249
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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