IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001974
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 12a (Date Entered AD (Active Duty) This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 8 November 1998 to show a date of 23 August 1995.
2. The applicant states the entry date is incorrect on her DD Form 214. The year is stated as 1998 when it was actually 1995.
3. The applicant provides a copy of her Statement of Enlistment and two copies of her 1998 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's military record shows she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 2 May 1995.
3. She provided a copy of her Statement of Enlistment, dated 2 May 1995, which shows her date of enlistment into the Regular Army (RA) was scheduled for 23 August 1995.
4. She was discharged from the DEP on 22 August 1995 and enlisted in the RA on 23 August 1995 for a period of 3 years. Her records contain a DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) which also shows that she enlisted in the RA on 23 August 1995.
5. On 8 November 1998, she was released from AD and she was transferred to the USAR Control Group (Reinforcement). Her DD Form 214 lists in:
* Item 12a 23 August 1998
* Item 12b (Separation Date This Period) 8 November 1998
* Item 12c (Net Active Service This Period) 3 years, 2 months, and 16 days
* Item 18 (Remarks) Period of DEP: 19950502-19950822
6. 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 personnel 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 12b would list the separation transition date
* Item 12c - would list the amount of service that period, computed by subtracting item 12a from 12b, less time lost
* Item 18 - would list the entry, "Period of DEP" and specify the dates
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in the DEP from 2 May 1995 through 22 August 1995. She enlisted in the RA and entered on AD on 23 August 1995. She was separated on 8 November 1998 after completing 3 years, 2 months, and 16 days of net active service. Therefore, item 12a of her DD Form 214 should be corrected to show an entry date of 23 August 1995.
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 the applicant's DD Form 214 ending on 8 November 1998 the entry, "1998-08-23" and replacing it with the entry, "1995-08-23."
_______ _ 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) AR20140001974
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ABCMR Record of Proceedings (cont) AR20140001974
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