IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018824
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) to show the year he entered active duty as 1992 instead of 1993.
2. The applicant states the year currently shown is not correct. He did not realize the error until he attempted to obtain a Department of Veterans Affairs (VA) loan. He offers as proof a page from his yearbook from basic combat training (BCT).
3. The applicant provides a page from his yearbook for BCT.
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's records contain a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the U.S.) which shows he enlisted in the Regular Army on 3 November 1992 (emphasis added).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following:
a. Item 18 (Appointments and Reductions) shows the applicant held the rank/grade of private/E-1 on 3 November 1992.
b. Item 20 (Basic Enlisted Service Date (BESD)) lists 3 November 1992 (emphasis added).
4. The applicant was honorably released from active duty on 11 August 1995. His DD Form 214 contains the following entries:
a. Item 12a (Date entered Active Duty This Period) states the applicant entered active duty on 3 November 1993 (emphasis added).
b. Item 12c (Net Active Service This Period) indicates he completed 1 year, 9 months, and 9 days of net active creditable service.
c. Item 18 (Remarks) shows the period of delayed entry program was from 2 October 1992 to 2 November 1992.
DISCUSSION AND CONCLUSIONS:
The applicant requests the date he entered active duty shown on his DD Form 214 be corrected to show the year as 1992 instead of 1993. A review of the record confirms he entered active duty in 1992, not 1993. Clearly an error was made when entering the year he entered active duty and when calculating his years of net active service and his DD Form 214 should be corrected.
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 his DD Form 214 for the period ending 11 August 1995 as follows:
a. Item 12a, delete the entry showing 1993 and replacing it with 1992.
b. Item 12c, delete the entry under the column "Year(s)" that reads "0001" and replace it with the entry "0002."
____________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) AR20140018824
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ABCMR Record of Proceedings (cont) AR20140018824
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