IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009321
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 that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his first enlistment began on "811201" instead of "811202."
2. The applicant states he first entered the Army on "811201"; however, his
DD Form 214 shows in item 18 that he first entered on "811202." He continues by stating that he is a federal employee who is buying back his military time and the DD Form 214 must match his DFAS-CL 1340/2 (Estimated Earnings During Military Service).
3. The applicant provides copies of his DD Form 214 and his DFAS-CL 1340/2.
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 Regular Army on 1 December 1981 for a period of 3 years, training as a broadcast specialist, and assignment to Fort Hood, TX. He completed his training and remained on active duty through a series of continuous reenlistments.
3. On 1 May 1991, he was honorably discharged due to the expiration of his term of service. His DD Form 214 issued at the time of discharge shows in item 18, under immediate reenlistments this period, that his first term of service was from "811202 to 860320."
4. In addition, his DD Form 214, item 12 (Record of Service), item 12a (Date Entered AD This Period) erroneously shows he entered active duty on 21 May 1986 and item 12d (Total Prior Active Service) erroneously shows he completed prior active service (when he had no prior active service). Items 12a, 12c (Net Active Service This Period), and 12d should be corrected to show he enter active duty on 12 December 1981 with the appropriate changes..
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 contains a clerical error showing his first term of service began on "811202" has been noted and found to have merit.
2. The applicants first enlistment began on "811201" and he is entitled to have his DD Form 214 corrected to reflect such.
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:
a. deleting from his DD Form 214 the entry in item 18 "811202 to 860321" and replacing it with the entry "811201 to 860321" and
b. correcting item 12a of his DD Form 214 to show he entered active duty on 811201 with the appropriate changes in items 12c and 12d.
_______ _ __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) AR20140009321
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ABCMR Record of Proceedings (cont) AR20140009321
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