IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20130004924
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 4/1 (Enlistment/ Reenlistment Document - Armed Forces of the United States) to show:
a. in Item 7a (Previous Active Military Service): 5 years; and
b. in Item 8 (Agreements): 6 years in the Army Reserve.
2. The applicant states his DD Form 4/1 should show he reenlisted for a period of 6 years in the Army Reserve, not 8 years. He further states that his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) clearly shows his military service obligation (MSO) of 6 years; and his Active Duty/ Reserve Component (AD/RC) obligation of 6 years. Because he had prior service he was not authorized an 8-year reenlistment.
3. The applicant provides copies of his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4/1, dated 5 February 2008
* DD Form 1966, dated 5 February 2008
* DA Form 5261-5 (Selected Reserve Incentive Program - U.S. Army Reserve (USAR) Prior Service Enlistment Bonus Addendum) dated 5 February 2008
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. On 4 June 2002, the applicant enlisted in the U.S. Navy. He served a period of 5 years on active duty and was released from active duty on 3 June 2007. He had attained the pay grade of E-5 and was transferred to the U.S. Naval Reserve Personnel Center in New Orleans, LA.
3. On 5 February 2008, the applicant enlisted in the USAR.
a. His DD Form 1966 shows his MSO and AD/RC as 6 years;
b. His DA Form 5261-5 shows in Section IV (Obligation) that he enlisted for a period of 6 years; and
c. His DD Form 4/1 shows in Item 8, Section B that he enlisted for a period of 8 years beginning in the pay grade of E-5. Item 7 is blank.
4. In the processing of the case, an advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1, Washington, DC. The opinion stated that the career counselor carefully reviewed the applicant's enlistment packet and discovered he had enlisted on 5 February 2008 for a period of 6 years. Because he was a prior service member, he was not authorized to enlist for an 8-year period. Therefore, the 8-year reference on his DD Form 4 is an error. The counselor concluded that the applicant's unit should correct his personnel records to show his expiration of term of service (ETS) as 4 February 2014.
5. On 2 May 2013, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that a clerical error was made in the completion of the applicant's DD Form 4/1. Accordingly, it should be corrected to show his 5 years of prior service in Item 7a and his enlistment in Item 8 as a period of 6 years. Furthermore, all related documents and data bases should be corrected to reflect his period of enlistment as 6 years, with an ETS of 4 February 2014.
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. amending his 5 February 2008 DD Form 4/1 to show in Item 7 his prior active and inactive service and in Item 8 his enlistment in the Army Reserve for a period of 6 years; and
b. updating all unit and Department of the Army records and data bases to reflect his ETS as 4 February 2014.
____________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) AR20130004924
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ABCMR Record of Proceedings (cont) AR20130004924
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