IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140004432 


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 of Release or Discharge from Active Duty) for the period ending on 14 August 2007 to show in item 12a (Date Entered Active Duty This Period) the entry "2006  07  06" vice 
"2007  01  02."

2.  The applicant states his DD Form 214 is missing 6 months of active duty service.  He entered active duty on 6 July 2006 and was released from active duty on 14 August 2007.

3.  The applicant provides Orders Number 157-255, dated 6 June 2006 and Orders Number 166-383, dated 15 June 2006.

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 Alaska Army National Guard (AKARNG) on
24 January 1985 and served through a series of reenlistments or extensions.  He held military occupational specialty 11B (Infantryman) and attained the rank/grade of staff sergeant (SSG)/E-6.

3.  His DD Form 214 for the period ending on 9 December 1985 shows in:

* item 12a, the entry "85  09  09"
* item 12b (Separation Date This Period), the entry "85 12 09"
item 12c (Net Active Service This Period), the entry "00  03  01"
* item 12d (Total Prior Active Service), the entry "00  00  00"

4.  His DD Form 214 for the period ending on 22 May 2002 shows in:

* item 12a, the entry "2001  10  29"
* item 12b, the entry "2002 05 22"
item 12c, the entry "00  06  24"
* item 12d, the entry "00  03  01"

5.  Orders Number 157-255 issued by the AKARNG on 6 June 2006 show he was ordered to active duty with an initial report date, "Report to Home Station" date of 6 July 2006 and a report to mobilization site (Camp Shelby, MS) date of 12 July 2006.

6.  Orders Number A-09-622986 issued by the U.S. Army Human Resources Command (HRC) on 6 September 2006 show he was retained on active duty to participate in the Reserve Component Medical Holdover Medical Retention Processing Program.  His orders stated he was directed to report to Fort Benning, GA, on 1 September 2006.  Additionally, his end date was listed as 
26 February 2007.  However, these orders were subsequently amended by:

	a.  Orders Number A-09-622986A1, issued by HRC on 19 January 2007, changing his end date from 26 February 2007 to 24 August 2007.

	b.  Orders Number A-09-622986A2, issued by HRC on 16 July 2007, changing his end date from 24 August 2007 to 19 February 2008.

7.  Orders Number 212-2223, issued by Fort Benning, GA, on 31 July 2007, show he was scheduled to be discharged on 14 August 2007.  These orders also show he was awarded a 10 percent (%) disability rating and was entitled to severance pay in pay grade E-6 based on 0 years, 0 months, and 0 days of service.  However, Orders Number 226-2219, issued by Fort Benning, GA, on 
14 August 2007, amended these orders to show he was entitled to severance pay in pay grade E-6 based on 5 years, 6 months, and 14 days of service.

8.  His DD Form 214 shows he was honorably discharged from active duty due to a disability with severance pay.  Additionally, this form shows in:

* item 12a, the entry "2007  01  02"
* item 12b, the entry "2007 08 14"
item 12c, the entry "0001  01  09"
* item 12d, the entry "0000  09  25"

9.  His record contains a memorandum, issued by Fort Benning, GA, on 
10 October 2009, requesting HRC issue the applicant a DD Form 215 (Correction to DD Form 214).  This memorandum shows the applicant's name, social security number, and his separation date as 14 August 2007.  This memorandum is extremely unclear.

10.  Army Regulation 635-5 (Separation Documents) at the time stated to use extreme care in completing item 12 (Record of Service) since post-service benefits, final pay, retirement credit and so forth are based on this information.  

	a.   In 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.

	b.  In item 12b enter the Soldier’s transition date.  This date may not be the contractual date if soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.

	c.  In item 12c enter the amount of service this period, computed by subtracting item 12a from 12b. 

	d.  In item 12d from previously-issued DD Forms 214, enter total amount of prior active military service less lost time, if any.  








DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant entered active duty on 
6 July 2006.  Therefore, his DD Form 214 should be corrected to show he entered active duty on 6 July 2006.  

2.  The evidence of record shows he entered active duty on 6 July 2006 and was honorably discharged on 14 August 2007.  This period of service was properly annotated on his DD Form 214 in item 12c as 1 year, 1 month, and 9 days of net active service.  The evidence of record also shows the applicant served on active duty for 3 months and 1 day in 1985 and for 6 months and 24 days between 2001 and 2002.  This combined service comes to a total of 9 months and 
25 days of previous active service, which is properly reflected on his DD Form 214 in item 12d.  Therefore, though the entry date was listed incorrectly, the service computations are correct as listed.

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 amending item 12a of his DD Form 214 for the period ending 14 August 2007 to show he entered active duty on 6 July 2006.



      _______ _   __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)                                         AR20140004432





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ABCMR Record of Proceedings (cont)                                         AR20140004432



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