IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013897
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 214 (Certificate or Release or Discharge from Active Duty) for the period ending 12 August 2004 to show he entered active duty on 16 July 2001.
2. The applicant states his DD Form 214 incorrectly shows he entered active duty on 17 January 1997 instead of 16 July 2001.
3. The applicant provides a copy of his DD Form 214.
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 had prior active and Reserve service when he enlisted in the Regular Army on 17 July 2001 for a period of 4 years and training as an automated logistics specialist. He completed his training at Fort Lee, Virginia, and was transferred to Germany on 8 November 2001. He also served in Southwest Asia during the period 11 October to 15 May 2003.
3. On 12 August 2004, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to a disability that existed prior to service. Item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 17 January 1997. Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 3 years and 26 days of active service during this period.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 12 August 2004 incorrectly shows he entered active duty on 17 January 1997 instead of 16 July 2001 has been noted and found to have partial merit.
2. The evidence of record clearly shows he entered active duty on 17 July 2001. Additionally, item 12c of his DD Form 214 shows he completed 3 years and 26 days of active service which coincides with a 17 July 2001 entry date.
3. Therefore, it is reasonable to presume that an administrative error occurred in the preparation of his DD Form 214 for the period ending 12 August 2004. Accordingly, item 12a should be corrected at this time to show he entered active duty on 17 July 2001.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting the current entry from item 12a of his DD Form 214 for the period ending 12 August 2004
* adding the entry "2001 07 17" to item 12a of his DD Form 214 for the period ending 12 August 2004
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 for the period ending 12 August 2004 to show he entered active duty on 16 July 2001.
_______ _ 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) AR20130013897
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013897
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004059
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 17 March 2001 in: * item 12a (Date Entered Active Duty This Period) to show the listed date as "1992 02 05" vice "1994 03 09" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add any awards to which he is entitled 2. ...
ARMY | BCMR | CY2007 | 20070018328
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2008 DOCKET NUMBER: AR20070018328 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that items 12a (Date entered AD [active duty] This Period) and 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the...
ARMY | BCMR | CY2015 | 20150001287
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12a (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 February 2004, to show "1 December 1996" instead of "3 August 1997." Notwithstanding the unavailability of his service dates from DFAS, the preponderance of the evidence (AGR orders and Retired Points Statement) support his...
ARMY | BCMR | CY2008 | 20080006223
The applicant requests, in effect, that item 12a (Date Entered AD [active duty] This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 1997 be corrected to show 15 October 1996. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her separation from active duty. Evidence of record shows the applicant enlisted in the Army National Guard on 15 October 1996...
ARMY | BCMR | CY2012 | 20120007423
The available evidence clearly shows he entered active duty on 6 November 1997 and served his 5 year commitment; not 1 January 2001 as shown in item 12a of his DD Form 214. His DD Form 214, ending 5 November 2002, should be corrected to show he entered active duty for that period on 6 November 1997. ____________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.
ARMY | BCMR | CY2015 | 20150009019
Application for correction of military records (with supporting documents provided, if any). Although his BASD was adjusted to 5 May 1997, the evidence of record shows he entered active duty service in the Regular Army on 25 September 1997. 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 for the period ending 11 January 2006 to show his date of entry on active duty as "1997 09 25."
ARMY | BCMR | CY2001 | 2001064457C070421
The applicant states that he entered active duty on 29 October 1997, instead of 4 July 1997, which affects item 12c and item 12d of his DD Form 214, dated 25 August 2001. The applicant’s military records show he enlisted in the US Army Reserve (USAR) on 31 May 1988. The Board notes that by changing 12a (Date Entered AD This Period) of the applicant’s DD Form 214, dated 25 August 2001, to show 29 October 1997, that his net active service this period is incorrect.
ARMY | BCMR | CY2013 | 20130000779
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 August 2003 to show in: * item 12a (Date Entered Active Duty This Period) 26 January 1997 * item 12b (Separation Date This Period) 6 June 2003 * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) Global War on Terrorism Expeditionary Medal (GWOTEM) * item 18 (Remarks) remove the statement: "RELEASE...
ARMY | BCMR | CY2011 | 20110020571
The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 16 March 2000 for 8 years. With respect to correction to items 12a, 12d, and 12e of his 2007 DD Form 214, the evidence of record shows he enlisted in the USAR on 16 March 2000 for 8 years. With respect to correction to his 2007 DD Form 214 for removal of the entry "Subject To AD Recall" from Item 18, the evidence shows at the time of his REFRAD on 5 October 2007 he had a MSO of 15 March 2008.
ARMY | BCMR | CY2009 | 20090008106
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 January 2001, as follows: a. item 12a (Date Entered AD (Active Duty) This Period) to show 1 September 1995 instead of 25 October 1989; b. item 12c (Net Active Service This Period) to show 5 years, 4 months, and 24 days instead of 11 years and 3 months; and c. item 12h (Effective Date of Pay Grade) to show the date as 31 August 1997 instead of 15 July 2000. The regulation...