BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120022245
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 (Report of Separation from Active Duty) to show the correct net active service he completed.
2. The applicant states he enlisted on 18 October 1976 and he was discharged on 26 October 1977. He received service credit for 2 years and 18 days.
3. The applicant did not provide any evidence.
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 enlisted in the U.S. Army Reserve (USAR) on 13 October 1976. He was discharged from the USAR five days later on 17 October 1976 to enlist in the Regular Army (RA).
3. He enlisted in the RA on 18 October 1976. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11E (Armor Crewman).
4. He served in Germany from 8 February 1977 to 25 October 1977. While in Germany, separation action was initiated against him for unsuitability. The separation authority approved his discharge on 17 October 1977.
5. On 20 October 1977, the U.S. Army Regional Personnel Center, Bad Kreuznach, Germany, published orders assigning him to the U.S. Army Transition Center, Fort Dix, NJ, for separation processing effective 26 October 1977.
6. He was discharged on 26 October 1977. His DD Form 214 shows in:
* Item 9d (Effective Date (of Separation)) - "77-10-26"
* Item 15 (Date Entered Active Duty This Period) - "76-10-18"
* Item 18 (Record of Service) shows:
* Item 18a (Net Active Service This Period) shows "02-00-09"
* Item 18b (Prior Active Service) shows "00-00-00"
* Item 18c (Total Active Service) shows "02-00-09"
* Item 18e (Prior Inactive Service) - "00-00-05"
* Item 18d (Total Service for Pay) - "02-00-14"
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. It states it is important that item 12 is completed accurately as it affects entitlements to benefits.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in an inactive status in the USAR from 13 to 17 October 1976, a period of 5 days. He then enlisted in the RA on 18 October 1976 and he was discharged on 26 October 1977. He completed 1 year and 9 days of active service. He completed 1 year and 14 days of total service for pay.
2. His DD Form 214 inadvertently credited him with 2 years and 9 days of active service and 2 years and 14 days of total service for pay. Therefore, he is entitled to correction of his DD Form 214 to show the correct active service and total service for pay.
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 18c of his DD Form 214 the entry "02-00-09" and adding "01-00-09"
* deleting from item 18d of his DD Form 214 the entry "02-00-14" and adding "01-00-14"
_______ _ 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) AR20120022245
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ABCMR Record of Proceedings (cont) AR20120022245
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