BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130005177
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 record to show he enlisted on 28 December 1999.
2. The applicant states his entry date affects the amount of his severance pay.
3. The applicant provides no documentation.
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, with previous U.S. Army Reserve (USAR) service from 17 April 1995 through 27 December 2000 (his Chronological Statement of Retirement Points showing he earned 218, or 7 months and 8 days, of active duty points), enlisted in the Regular Army (RA) on 28 December 2000.
3. He was discharged due to physical disability with severance pay on 2 September 2003. His discharge orders show he was authorized disability severance pay based on 4 years, 1 month, and 16 days of service.
4. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) erroneously shows he entered active duty this period on 19 June 2000. It appears his basic active service date was used instead of the date he actually entered on active duty. It also erroneously shows he had completed 3 years, 2 months, and 14 days of active service this period and 8 months and 13 days of prior active service.
DISCUSSION AND CONCLUSIONS:
1. There is no indication that the applicant enlisted on 28 December 1999.
2. The available evidence to fails to support the requested correction.
3. The applicants DD Form 214 does contain several errors. Based upon his 28 December 2000 enlistment contract he actually completed 2 years, 8 months, and 5 days of active service during this period:
2003 09 02
-2000 12 28
2 8 4
+ 1 day inclusive
= 2 8 5 days active service this period
4. The applicants DD Form 214 shows he completed 8 months and 13 days of prior active service. It cannot be determined where this figure came from as his Chronological Statement of Retirement Points shows he completed 7 months and 8 days of prior active service:
2 8 5
+ 7 8
3 3 13 of total active service
5. His discharge orders show his disability severance pay was calculated based upon 4 years, 1 month, and 16 days of service. However, it is possible his Chronological Statement of Retirement Points was incorrect and did not credit him with all of his USAR active duty service.
6. The Board will take no action to correct the above errors noted on his DD Form 214; however, the applicant should be aware that he may request that those corrections be made.
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) AR20130005177
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ABCMR Record of Proceedings (cont) AR20130005177
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