IN THE CASE OF:	  

		BOARD DATE:  24 October 2013

		DOCKET NUMBER:  AR20130002774 


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) for the period ending 2 December 2004 to show in item 12a (Dated Entered Active Duty This Period) the date 30 June 2003 rather than 18 August 2004.

2.  The applicant states this entry is erroneous because the date he entered the Army was 30 June 2003 as is shown on his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States).  He also states he is unable to receive any educational benefits, a Department of Veterans Affairs (VA) home loan, or any other benefits due to the incorrect date.

3.  He provides:

* DD Form 4
* DD Form 214 for the period 18 August to 2 December 2004

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 and he also provides a DD Form 4 which shows he enlisted in the Army National Guard (ARNG) on 30 June 2003.

3.  On 4 August 2003, he was ordered to active duty for the purpose of completing initial entry training.  He successfully completed basic training and advanced individual training and was released from active duty training on 12 January 2004 and returned to his ARNG unit.  The DD Form 214 he was issued at the time contains the following information:

	a.  item 12a shows he entered active duty for training on 4 August 2003;

	b.  item 12b (Separation Date this period) shows he was released from active duty training on 12 January 2004;

	c.  item 12c (Net Active Service This Period) shows he completed 5 months and 9 days of active service this period of active duty;

	d.  item 12d (Total Prior Active Service) shows he had no prior active duty service; and

	e.  item 12e (Total Prior Inactive Service) shows he had 1 month and 4 days of prior inactive service.

4.  On 18 August 2004, he was ordered to active duty in support of Operation Enduring Freedom.  On 2 December 2004, he was honorably discharged from active duty as a result of a physical condition, not a disability and returned to his ARNG unit.  The DD Form 214 he was issued at the time contains the following information:

	a.  item 12a shows he entered active duty on 18 August 2004;

	b.  item 12b shows he was discharged from active duty on 2 December 2004;

	c.  item 12c shows he completed 3 months and 15 days of active service during this period of active duty;

	d.  item 12d (Total Prior Active Service) shows he had 5 months and 9 days of prior active duty service; and
	e.  item 12e (Total Prior Inactive Service) shows he had 8 months and 9 days of prior inactive service.

5.  His record contains an NGB Form 22 (Departments of the Army and the Air Force - National Guard Bureau - Report of Separation and Record of Service) which shows he was honorably discharged from the ARNG due to other designated physical or mental conditions.  This form also contains the following information:

	a.  item 4 (Date of Enlistment) shows he enlisted in the ARNG on 30 June 2003;

	b.  item 8b (Effective Date) shows he was discharged from the ARNG on 2 December 2004; and

	c.  item 10a (Net Service this Period) shows he completed 1 year, 5 months, and 4 days of service during this period of enlistment.

6.  Army Regulation 635-5 (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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  This regulation states the separating Soldier's date of entry onto active duty for the period covered by the DD Form 214 is entered in item 12a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 for the period ending 2 December 2004 should be corrected to show the date he entered active duty was 30 June 2003 was carefully considered.

2.  The evidence of record clearly shows the applicant enlisted in the ARNG on 30 June 2003; however, he did not enter active duty for training until 4 August 2003.  He was subsequently released from active duty for training on 12 January 2004 and issued a properly-constituted DD Form 214 for that period of active duty service.



3.  He was ordered to active duty in support of Operation Enduring Freedom on 18 August 2004.  He was subsequently discharged from active duty on 2 December 2004 and issued a properly-constituted DD Form 214 for that period of active duty service.

4.  Each DD Form 214 is a synopsis of the applicant's most recent period of continuous active duty.  Therefore, he is not entitled to correction of his DD Form 214 for the period ending 2 December 2004 to show he entered active duty on 30 June 2003.

5.  The applicant is advised that his NGB Form 22 correctly reflects his entire period of service in the ARNG from 30 June 2003 through 3 December 2004 and is the appropriate official document for verifying his period of enlistment.  This form in addition to his DD Forms 214 should serve to clarify any questions that may arise regarding his period of military service.

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)                                         AR20130002774





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ABCMR Record of Proceedings (cont)                                         AR20130002774



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