IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130001919
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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 February 1991 be corrected to show 27 December 1989 instead of 27 December 1990.
2. The applicant states:
* this DD Form 214 shows his active duty entrance date as 27 December 1989 when actually it should show 27 December 1990
* the net active service for this period is 1 year, 1 month, and 18 days, which is properly reflected on his DD Form 214
* his separation date for this period is also correct (14 February 1991)
* the record is in error because he went into the Army on 27 December 1989 in hopes of fighting in the Gulf War
* he was in basic training in January 1990 as well as advanced individual training (AIT) at Fort Knox, KY and he arrived at Fort Bragg, NC in late spring of that same year
* it is impossible that he entered the Army on 27 December 1990 and attended basic training and AIT and received orders to Fort Bragg, NC in only 1 month and 18 days
3. The applicant provides a copy of his DD Form 214 for the period ending
14 February 1991.
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. Having prior service in the U.S. Army Reserve (USAR) and Regular Army (RA), the applicant's enlistment contract shows:
* he enlisted in the USAR under the Delayed Entry Program (DEP) on
4 December 1990
* he enlisted in the RA on 27 December 1990 for a period of 4 years
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows:
* he enlisted on 27 December 1990
* he attended basic reconnaissance training at Fort Knox, KY from
8 January 1991 to 25 April 1991
* he arrived at Fort Bragg, NC on 16 May 1991
4. Orders show he was discharged on 14 February 1992.
5. His DD Form 214 for the period ending 14 February 1991 shows in:
* Item 12a - he entered active duty on 27 December 1990
* Item 12b (Separation Date This Period) he was separated on
14 February 1991
* Item 12c (Net Active Service This Period) he had 1 year, 1 month, and
18 days
6. A DD Form 215 (Correction to DD Form 214), dated 13 April 1992, shows item 12b was amended to show the entry "92-02-14" (14 February 1992).
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that he completed basic training and AIT in 1990 and he arrived at Fort Bragg, NC in that same year were noted. However, his DA Form 2-1 shows he attended basic reconnaissance training at Fort Knox, KY, from 8 January 1991 to 25 April 1991 and he arrived at Fort Bragg, NC, on
16 May 1991.
2. He contends his separation date is correct (14 February 1991) on his
DD Form 214. However, evidence shows item 12b of his DD Form 214 was corrected to show 14 February 1992.
3. Although he contends his date of entry on active duty should be 27 December 1989, his enlistment contract shows he enlisted in the RA on 27 December 1990. The time from 27 December 1990 through 14 February 1992 equates to 1 year,
1 month, and 18 days, this is properly shown on his DD Form 214. Therefore, there is insufficient evidence on which to base amending item 12a of his
DD Form 214.
4. For his records, a copy of the DD Form 215 will be provided to him.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130001919
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ABCMR Record of Proceedings (cont) AR20130001919
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