BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130008805
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1998 to show his prior active and inactive service.
2. He states he would like his DD Form 214 for the period ending on 30 June 1998 to be combined with his DD Form 214 for the period ending on 7 January 1976.
3. He provides his:
* DD Form 214 for the period ending 30 June 1998
* DD Form 214 (Report of Separation from Active Duty) for the period ending 7 January 1976
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 18 January 1974, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Enlistment Program (DEP) for a period of 6 years.
3. On 24 June 1974, he was discharged from the USAR DEP for the purpose of enlistment in the Regular Army (RA). He was discharged on 7 January 1976 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. He had no time lost. His DD Form 214 for this period of service shows in:
* item 18c (Total Active Service) "1 06 13"
* item 18d (Prior Inactive Service) "0 5 7"
4. On 8 June 1981, he again enlisted in the USAR DEP for a period of 6 years.
5. On 30 June 1981, he was discharged from the USAR DEP for the purpose of enlistment in the RA. On 1 July 1981, he again enlisted in the RA. He served continuously and on 30 June 1998, he retired under the provisions of Army Regulation 635-200, chapter 12, by reason of voluntary early retirement. His
DD Form 214 for this period of service shows in:
* item 12d (Total Prior Active Service) "0000 00 00"
* item 12e (Total Prior Inactive Service) "0000 00 23"
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. 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. It states for:
a. item 12d, from previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any.
b. item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief (ERB), enter the total amount of prior inactive service, less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. It appears an administrative error occurred during the processing of his
DD Form 214 for the period ending 30 June 1998 that resulted in not capturing his prior active service and incorrectly listing his total prior inactive service.
2. In view of the foregoing, his DD Form 214 for the period ending 30 June 1998 should be corrected as indicated below.
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:
* deleting from item 12d of his DD Form 214 for the period ending 30 June 1998 the current entry and replacing it with the entry "0001 06 13"
* deleting from item 12e of his DD Form 214 for the period ending 30 June 1998 the current entry and replacing it with the entry "0000 06 00"
__________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) AR20130008805
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ABCMR Record of Proceedings (cont) AR20130008805
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