IN THE CASE OF:	

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130009787 


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 items 12a (Date Entered Active Duty This Period) and 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

   a.  After his separation he had no use for his DD Form 214 for any reason.  He is now purchasing a home and contacted the Department of Veterans Affairs (VA) to determine if he is eligible for a VA loan.  He was informed that at least 24 months of active duty service (which he has 26 months) and a discharge other than dishonorable (which he has an under honorable conditions, general) were required.

   b.  With this information he began the process of applying for the home loan.  He had to request his DD Form 214 since he did not have one.  When he received the DD Form 214 he noticed that everything on his DD Form 214 was correct except the months for his time of service are transposed.  He joined the U.S. Army on 29 May 1998 and was separated on 2 July 2000 which is a total of 26 months of active duty.  This has of course changed the amount of time he served to less than correct.  In turn it has caused issues for his home loan process as well.




3.  The applicant provides no additional evidence.

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 enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 20 February 1998 and was discharged from the DEP on 28 July 1998.  

3.  A calculation between his DEP dates of service from 20 February 1998 through 28 July 1998, including the end date, equals 5 months and 9 days.  

4.  He enlisted in the Regular Army, in pay grade E-1, on 29 July 1998, for 4 years.  He completed training and was awarded military occupational specialty 19K (armor crewman).

5.  Orders Number 117-0009 were issued by Headquarters, 7th Infantry Division and Fort Carson, CO, on 26 April 2000, reassigning him to the transition point for separation on 2 May 2000.

6.  He was discharged in pay grade E-1 on 2 May 2000, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separation), paragraph 14-12b, for misconduct, with a general discharge.  His DD Form 214 shows in:

* Item 12a – 29 July 1998
* Item 12b – 2 May 2000
* Item 12c (Net Active Service This Period) – 1 year, 9 months, and 4 days
* Item 12d (Total Prior Active Service) – zero
* Item 12e (Total Prior Inactive Service) – zero


* Item 18 (Remarks) – Member Has Not Completed First Full Term of Service
* Item 29 (Dates of Time Lost During This Period) – None

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation states:

* Item 12a will list the beginning date of the continuous period of active duty for issuance of this DD Form 214 or for which a DD Form 214 was not previously issued
* Item 12b will list the Soldier’s transition date
* Item 12c will list the amount of service this period, computed by subtracting item 12a from 12b, less lost time
* Item 12d will list from previously issued DD Forms 214 the total amount of prior active military service less lost time, if any, if not applicable,               enter "00 00 00"
* Item 12e will list from previously issued DD Form 214 the total amount of prior inactive service, less lost time, if any, DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block
* Item 18 will list the mandatory entry, "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE"

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provided none to show the dates in items 12a and 12b of his DD Form 214 are incorrect.  There is no evidence of record he served on active duty prior to 29 July 1998 and after 2 May 2000.  A calculation between his dates of active duty service from 29 July 1998 through 2 May 2000, including the end date, equals 1 year, 9 months, and 4 days.  

2.  In accordance with regulatory guidance, his DEP time is not creditable service for pay purposes and will not be entered in item 12e of the DD Form 214.

3.  The dates shown in items 12a and 12b of his DD Form 214 appear to be correct in accordance with regulatory guidance.  Therefore, he not entitled to the requested relief.



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)                                         AR20130009787



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ABCMR Record of Proceedings (cont)                                         AR20130009787


   
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