IN THE CASE OF
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016473
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 item 12 (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 11 February 1997 to show a date of 4 March 1993.
2. The applicant states he initially enlisted in the Army on 9 November 1988 and was separated on 8 November 1992. His first DD Form 214 is correct. He again enlisted in the Army on 4 March 1993 and reenlisted on 11 October 1995 to complete a 3-year tour in Italy. He was released from active duty with a hardship discharge and received his final DD Form 214 via the mail. The dates on this second DD Form 214 are incorrect. This DD Form 214 shows he enlisted on 4 March 1989 and was separated on 11 February 1997. This DD Form 214 should have the correct entry date of 4 March 1993. He believes that there was some confusion at the time of his discharge.
3. The applicant provides copies of his 1992 and 1997 DD Forms 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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 1 November 1988. He was discharged from the DEP on 8 November 1988 and initially enlisted in the Regular Army (RA) on 9 November 1988 for 4 years.
3. He was released from active duty on 8 November 1992 and was transferred to the USAR Control Group (Reinforcement). He was credited with completing 4 years of net active service.
4. He again enlisted in the RA on 4 March 1993 and reenlisted on 12 October 1995. He was honorably discharged on 11 February 1997 with a hardship discharge. His DD Form 214 lists in:
* Item 12a 4 March 1989
* Item 12c (Net Active Service This Period) 7 years, 11 months, and 8 days
* Item 12d (Total Prior Active Service) 4 years
* Item 18 (Remarks) - Immediate Reenlistments This Period: 19930307-19951011
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated:
* Item 12a - would list the beginning date of the continuous period of active duty for issuance of the DD Form 214 or for which a DD Form 214 was not previously issued
* Item 12c - would list the amount of service that period, computed by subtracting Item 12a from 12b (Separation Date This Period), less time lost
* Item 12d - would list from a previously issued DD Form 214, the total amount of prior active military service, less time lost
* Item 18 - would list the entry, "Immediate Reenlistments This Period and specify dates" for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant again enlisted in the RA on 4 March 1993 and reenlisted on 12 October 1995. He was discharged on 11 February 1997 after completing 3 years, 11 months, and 8 days of total active service during the period that this DD Form 214 should have covered. Therefore, item 12a of his DD Form 214 ending on 11 February 1997 should be corrected to show an entry date of 4 March 1993.
2. Based on this correction, item 12c of his 1997 DD Form 214 should be corrected to show he completed 3 years, 11 months, and 8 days of net active service during this period.
3. Item 18 of his DD Form 214 should be correct to list the entry, "Immediate Reenlistments This Period 19951012-19970211."
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 12a of his DD Form 214 ending on 11 February 1997 the entry "1989-03-04" and replacing it with the entry "1993-03-04"
* deleting from item 12c of his 1997 DD Form 214 the entry, "0007-11-08" and replacing it with the entry "0003-11-08"
* deleting from item 18 of his 1997 DD Form 214 the entry "Immediate Reenlistments This Period: 19930307-19951011" and replacing it with the entry "Immediate Reenlistments This Period 19951012-19970211"
____________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) AR20130016473
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016473
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013781
His DD Form 214 lists in the following items: * 11 - 91C (Practical Nurse) - 20 years and 10 months * 12a - the entry date of 6 October 1988 * 12b - the separation date of 31 July 1991 * 12c - 2 years, 9 months, and 26 days * 12d - 18 years, 5 months, and 8 days * Item 18 (Remarks) - Immediate Reenlistments This Period: 20 December 1976 through 16 December 1982, 17 December 1982 through 5 October 1988 9. For time determination, 16 days or more count as a month * Item 12a - would list the...
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 | CY2010 | 20100021036
Item 12a of the applicant's DD Form 214 for the period ending 28 February 1994 shows the entry "78 11 02" [2 November 1978]. Evidence shows he enlisted in the Regular Army on 25 March 1976, which is properly reflected in item 18 of his DD Form 214 for the period ending 1 November 1978. 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.
ARMY | BCMR | CY2009 | 20090020287
Application for correction of military records (with supporting documents provided, if any). A second DD Form 214 documents the applicant's service from 5 June 1979 to his retirement on 31 May 1993. Although the applicant states his retirement DD Form 214 should be corrected to reflect he entered active duty at Fort Polk, the evidence of record shows, on 5 June 1979, the applicant reenlisted at Coleman Barracks in Mannheim, Germany.
ARMY | BCMR | CY2006 | 20060008788
The applicant requests, in effect, Item 12a (Date entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 October 2003 be corrected to read 1993 04 07 (1993 April 7) instead of 1995 10 05 (1995 October 5). This regulation stated, in pertinent part, that effective 1 October 1979, DD Forms 214 would no longer be issued for enlisted members who are discharged for immediate reenlistments in the Regular Army and that all...
ARMY | BCMR | CY2009 | 20090001651
The applicant requests, in effect, that Item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1994 be corrected to show he entered active duty on 5 February 1988. The applicant's DA Form 2-1 (Personnel Qualification Record), which was prepared on 9 February 1988, shows in Item 20 (Basic Enlisted Service Date [BESD]) his entry date as 5 February 1988. The evidence of record shows the...
ARMY | BCMR | CY2005 | 20050001795C070206
Jose A. Martinez | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the entry in Item 12a (Date entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 1997 be changed to reflect 30 December 1976. There is no evidence of a DD Form 214 having been issued for this period of service.
ARMY | BCMR | CY2005 | 20050001795C070206
The applicant requests, in effect, that the entry in Item 12a (Date entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 March 1997 be changed to reflect 30 December 1976. There is no evidence of a DD Form 214 having been issued for this period of service. Therefore, this period of service should be included in Item 18 with the list of reenlistment periods for which a DD Form 214 was not issued.
ARMY | BCMR | CY2006 | 20060011913C071108
Evidence shows that the applicant was issued a DD Form 214 for this period of service. Evidence also shows that he was issued a second DD Form 214 for his period of active service which began on 14 December 1978. The applicant was placed on the TDRL on 12 January 1994, was sent for periodic TDRL evaluations, and did not perform any further active duty service from that date.
ARMY | BCMR | CY2006 | 20060002774C070205
The applicant requests, in effect, correction of the entry date listed in Item 12a (Date Entered AD This Period) of his 6 February 2001 separation document (DD Form 214). He claims that the second DD Form 214 erroneously listed his entry date as 22 January 1987 in Item 12a; however, subsequent to his REFRAD and placement on the TDRL, he did not reenter active duty until 5 October 1990, which is the correct date he entered active duty on the period covered by the second DD Form 214. The...