BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20130000892 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct the date he entered active duty and length of active service.

2.  The applicant states:  

* he is trying to get a copy his original DD Form 214
* he is a federal employee and is trying to sell back his military time
* his DD Form 214 only shows he served for 1 year and 11 months
* he has requested both DD Forms 214 but keeps getting the same one

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:

   a.  DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) on 13 August 1996 for a period of 3 years;  
   
   b.  DD Form 4 that shows he reenlisted in the RA on 1 April 1999 for a period of 3 years; and  
   
   c.  DD Form 4 that shows he reenlisted in the RA on 1 April 2002 for a period of 2 years.  

3.  On 26 March 2004, he was honorably discharged from active duty by reason of misconduct.  Item 12 (Record of Service) of the applicant's DD Form 214 shows in:

* item 12a (Date Entered Active Duty this Period) the entry "2002  04  01"
* item 12b (Separation Date this Period) the entry "2004  03  26"
* item 12c (Net Active Service This Period) the entry "0001  11  26"
* item 12d (Total Prior Active Service) the entry "0005  07  18"

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 12a, 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; 

	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; and

   d.  item 12d, from previously-issued DD Forms 214, enter total amount of prior active military service less lost time, if any.
   
   e.  item 18 (Remarks), for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" (specify dates).  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served continuously in the RA from 13 August 1996 to 26 March 2004.

2.  Based on his period of service, a calculation shows the following:

		2004  03  26		date of separation
	-	1996  08  13		date of enlistment
	=	    07  07  13
	+	                  1		day inclusive
	=	    07  07  14		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:
   a.  deleting from item 12a of his DD Form 214 the current entry and replacing it with the entry "1996  08  13" to show the date he enlisted in the RA;
   
   b.  deleting from item 12c of his DD Form 214 the current entry and replacing it with the entry "0007  07  14" to show he completed 7 years, 7 months, and 
14 days of net active service this period;

   c.  deleting from item 12d of his DD Form 214 the current entry and replacing it with the entry "0000  00 00" to show no net prior active service; and

	d.  adding to item 18 of his DD Form 214 the entry "IMMEDIATE REENLISTMENTS THIS PERIOD 19990401-20020331, 20020401-20040326."



      _________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)                                         AR20130000892





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ABCMR Record of Proceedings (cont)                                         AR20130000892



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