IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140016981
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 16 September 2000 be corrected to show in item 12a that he entered active duty on 17 September 1996 and in item 12c to show he served 4 years of net active service.
2. The applicant states that his DD Form 214 incorrectly reflects that he entered active duty on 1 March 1998, which is his date of rank, and that he only served 2 years, 6 months and 16 days of net active service.
3. The applicant provides copies of his DD Form 214s and enlistment contracts.
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 17 September 1996 for a period of 4 years and training as an automated logistics specialist. He completed his training and continued to serve until he was honorably released from active duty (REFRAD) on 16 September 2000 due to completion of required service.
3. His DD Form 214 issued at the time of his REFRAD shows in item 12a that he entered active duty on 1 March 1998 and that he served 2 years, 6 months and 16 days of active service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects the date he entered active duty and the amount of net active service he served has been noted and found to have merit.
2. The applicant entered active duty on 17 September 1996 and served 4 years of active service before he was REFRAD on 16 September 2000. However, his DD Form 214 incorrectly reflects that he entered active duty on 1 March 1998 and served only 2 years, 6 months and 16 days of active service.
3. Accordingly, his DD Form 214 should be corrected to show in item 12a that he entered active duty on 17 September 1996 and in item 12c that he served 4 years of net active service.
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 the entry 1998 03 01 from item 12a of his DD Form 214 dated 16 September 2000
* Deleting the entry 0002 06 16 from item 12c of his DD Form 214 dated 16 September 2000
* Adding the entry 1996 09 17 to item 12a of his DD Form 214 dated 16 September 2000
* Adding the entry 0004 00 00 to item 12c of his DD Form 214 dated 16 September 2000
____________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) AR20140016981
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ABCMR Record of Proceedings (cont) AR20140016981
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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