IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20140021166
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 date he entered active duty as
11 March 2008 instead of 11 March 2004.
2. He states item 12a (Date Entered Active Duty This Period) reads "20040311" and should read "20080311."
3. He provides his DD Form 214 and DD Form 4 (Enlistment/Reenlistment Document).
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. After having prior service in the U.S. Marine Corps, on 11 March 2008, the applicant enlisted in the Regular Army.
3. His DD Form 214 shows in:
* Item 12a 11 March 2004
* Item 12b (Separation Date This Period) 10 March 2013
* Item 12c (Net Active Service This Period) 5 years
4. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter in item 12a the beginning date of the continuous period of active duty for issuance of the
DD Form 214, for which a DD Form 214 was not previously issued. In item 12c enter the amount of service this period computed by subtracting item 12a from item 12b.
DISCUSSION AND CONCLUSIONS:
It is apparent that an administrative error occurred in the preparation of the applicant's DD Form 214. His enlistment document verifies that he enlisted on 11 March 2008 and he was separated on 10 March 2013. The dates shown in item 12a and item 12b of his DD Form 214 do not equal the amount of service shown in item 12c (5 years). Therefore, it appears his enlistment year was inadvertently recorded as 2004 instead of 2008. In view of these facts, the applicant is entitled to correction of his DD Form 214.
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 showing 11 March 2008 in item 12a of his DD Form 214.
_______ _ _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) AR20140021166
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140021166
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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