IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006466
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 the entry in item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 July 1987 be corrected to read "86 08 12" (12 August 1986) instead of "87 08 12" (12 August 1987).
2. The applicant states the year in item 12a is incorrectly shown as "87." This typographical error is precluding him from buying back his active duty time for retirement in his current Federal position.
3. The applicant provides his DD Form 214 with a separation date of 10 July 1987.
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 ABCMR was unable to obtain the applicant's service personnel and medical records. The only record available to the ABCMR was the DD Form 214 provided by the applicant.
3. The DD Form 214 provides the following information:
a. Item 12a contains the entry "87 08 12."
b. Item 12b (Separation Date This Period) contains the entry "87 07 10"
(10 July 1987).
c. Item 12c (Net Active Service this Period) contains the entry "00 10 29" (zero years, 10 months, and 29 days).
d. Item 12e (Total Prior Inactive Service) contains the entry "00 06 15"
(zero years, 6 months, and 15 days).
e. Item 12i (Reserve Obligation Termination Date) contains the entry
"94 01 26" (26 January 1994).
f. Item 14 (Military Education) shows he completed:
* a 3-week Basic Airborne Course in 1986
* a 10-week Medical Specialist Course in January 1987
4. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that under the provisions of 10 USC 12103(d), each person who becomes a member of a U.S. Armed Force, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years. Any part of such service that is not active duty will be performed in a Reserve Component. A person's statutory military service runs concurrent with a contractual military service obligation.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
a. The beginning date of the continuous period of active duty for which the DD Form 214 is being issued is to be entered in item 12a of the DD Form 214 and the date of separation is to be entered in item 12b.
b. The net service for the period shown is computed by subtracting
item 12a from item 12b and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. Based on the entries in items 12b and 12c, the entry in item 12a of his
DD Form 214 is clearly in error.
2. The date in item 12i of his DD Form 214 and his 8-year military service obligation indicate he would have enlisted in the U.S. Army Reserve (USAR) on 27 January 1986. Item 12e shows he had 6 months and 15 days of prior inactive service prior to entering active duty.
3. He contends he entered active duty on 12 August 1986.
4. His DD Form 214 shows he completed a 3-week course of instruction in 1986 and a 10-week course in January 1987. He was released from active duty on
10 July 1987. The net active service shown in item 12c of his DD Form 214 is presumed to be correct.
5. Using the date he contends he entered active duty, his net active service would be computed as follows:
87 07 10
date of separation
86 08 12
date he contends he entered active duty
08 28
+1
inclusive date
10 29
10 months and 29 days net active service as shown in item 12c of his DD Form 214
6. In view of the above, there is sufficient evidence to change the entry in
item 12a of his DD Form 214 to "86 08 12."
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 amending item 12a of his DD Form 214 with a separation date of 10 July 1987 as follows:
* delete the entry "87 08 12"
* add the entry "86 08 12"
_______ _ ____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) AR20130006466
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130006466
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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