IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014267
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 date of entry on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 8 May 1988 as the date he entered military service.
2. He states that he is a current Federal employee attempting to buy back his military time; however, the Defense Finance and Accounting Service (DFAS) will not process his request because their records indicate he enlisted on 8 May 1988.
3. He provides a DFAS-Cleveland (CL) Form 1340/2 (Estimated Earnings During Military Service (For Civil Service Retirement Purposes)), dated 4 June 2013.
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's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), contained in his Army Military Human Resource Record (AMHRR), shows he enlisted in the Regular Army on 9 May 1988 for a period of 4 years.
3. He was honorably released from active duty on 9 February 1992. His DD Form 214 shows in:
* Item 12a (Date Entered Active Duty (AD) This Period), "88-05-09"
* Item 12b (Separation Date This Period), "92-02-09"
* Item 12c (Net Active Service This Period), "03-09-01"
4. He provides a DFAS-CL Form 1340/2 which shows between 8 May 1988 and 8 February 1992 he had estimated military earnings of $39,437.86.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. Entries in item 12 are as follows:
* Item 12a enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued
* Item 12b enter the Soldiers transition/separation date
* item 12c, enter the amount of active service this period, computed by subtracting item 12a from 12b, less time lost
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the date of entry on his DD Form 214 be corrected to show 8 May 1988 as the date he entered military service.
2. It is unclear why the DFAS document that was provided by the applicant shows his period of service began on 8 May 1988; however, the evidence of record shows he entered active duty on 9 May 1988 and he was released from active duty on 9 February 1992. He was credited with completing 3 years,
9 months, and 1 day of net active service which is consistent with the information contained on his enlistment contract. Therefore, his DD Form 214 is correct as constituted.
3. The applicant did not provide any evidence that DFAS has refused to process his request to buy back any of his military time due to the one-day difference in the date he entered military service (8 May 1988 versus 9 May 1988).
4. In view of the above, his request should be denied.
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) AR20130014267
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ABCMR Record of Proceedings (cont) AR20130014267
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