IN THE CASE OF:
BOARD DATE: 25 April 2013
DOCKET NUMBER: AR20120017974
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 length of active service.
2. The applicant states his time served is not consistent with his entry and separation dates. He was recently hired by the Department of Veterans Affairs (VA); however, they cannot add his military time because when the entry date is compared with his separation date, the time served does not match what is on his DD Form 214. He further states his time served is off by a few months and days on his DD Form 214.
3. The applicant provides no additional documents.
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 record contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) on 6 August 2003 for a period of 4 years. On 22 August 2005, he was honorably discharged for the purpose of immediate reenlistment. On 23 August 1005, he reenlisted in the RA for 4 years. He held military occupational specialty 68X (mental health specialist).
3. On 22 June 2009, he was honorably released from active duty at the completion of required active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 12 (Record of Service) of the applicant's DD Form 214 shows in:
* item 12a (Date Entered Active Duty this Period) the entry "2003 08 06"
* item 12b (Separation Date this Period) the entry "2009 06 22"
* item 12c (Net Active Service This Period) the entry "0006 09 07"
4. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 contains guidance on the preparation of the
DD Form 214. Item 12 states to use extreme care in completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. It states for:
a. item 12, enter 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, enter the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of time lost, or retained on active duty for the convenience of the Government; and
c. item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration of term of service, if any, are deducted. Such time will be identified in block 18.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served continuously in the RA from 6 August 2003 to 22 June 2009.
2. Based on his period of service, a calculation shows the following:
2009 06 22 date of separation
- 2003 08 06 date of enlistment
= 05 10 16
+ 1 day inclusive
= 05 10 17 net active service
3. In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended 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 12c of his DD Form 214 the current entry and replacing it with the entry "0005 10 17" to show he completed 5 years, 10 months, and 17 days of net active service this period.
___________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) AR20120017974
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ABCMR Record of Proceedings (cont) AR20120017974
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