IN THE CASE OF:  	  

		BOARD DATE:  18 August 2015	  

		DOCKET NUMBER:  AR20150000682 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty (REFRAD) on 4 August 2001 instead of 5 October 2000.

2.  The applicant states an administrative error was made during the preparation of his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Army Achievement Medal (AAM) documents, and a U.S. Army Human Resources Command (HRC) document list.

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.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 14 March 1998 for a period of 8 years and he further enlisted in the Regular Army (RA) on 5 August 1998 for a period of 3 years.

3.  Headquarters, XVIII Airborne Corps, Fort Bragg, NC, Orders 138-0259, dated 18 May 2001, as amended by a 1st Endorsement, dated 2 July 2001, honorably released the applicant from active duty on 4 August 2001 and assigned him to the 306th Psychological Operations (PO) Company (Strategic), Los Alamitos, CA.  The orders also show his expiration term of service as 4 August 2001.

4.  The applicant's DD Form 214 shows he entered active duty on 5 August 1998.  It also shows in:

* item 9 (Command To Which Transferred):  306th PO Company (Strategic), 11200 Lexington Drive, Los Alamitos, CA  90720-5001
* item 12 (Record of Service):

* block b (Separation Date This Period):  "2000  10  05"
* block c (Net Active Service This Period):  "0002  02  01"

* item 18 (Remarks), in pertinent part, "Member Has Completed First Full Term of Service"

5.  Headquarters, 18th Soldier Support Group (Airborne), Fort Bragg, NC, memorandum, dated 5 June 2001, subject:  Request for Issuance of 
DD Form 215 (Correction to DD Form 214), shows the Noncommissioned Officer in Charge, Transition Services Office, requested the applicant's DD Form 214 be corrected to read, as follows:

* item 12, block b:  "2001  08  04"
* item 12, block c:  "0003  00 00"

6.  A review of the applicant's military personnel records failed to reveal a copy of a DD Form 215.

7.  In support of his application the applicant provides the following documents.

   a.  DA Form 4980-18 (AAM Certificate) and DA Form 638 (Recommendation for Award) that show Headquarters, 1st Battalion (Airborne), 321st Field Artillery Regiment, Fort Bragg, NC, Permanent Orders Number 120-06, dated 30 April 2001, awarded the applicant the AAM for meritorious service from 4 August 1998 to 5 June 2001.

   b.  HRC, My Record document list, that shows his DD Form 214 with an effective date of 4 August 2001.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in, in effect at the time of the applicant's separation from active duty, prescribes policies and procedures regarding separation documents.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions show for:

* item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  It also shows for:

* block b, enter the Soldier's transition date
* block c, enter the amount of service this period (subtract item 12a from item 12b); time lost under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was REFRAD on 4 August 2001 (vice 5 October 2000).

2.  Records show the applicant enlisted in the RA on 5 August 1998 for a period of 3 years and he was REFRAD on 4 August 2001.

   a.  A calculation of the applicant's net active service shows the following:

		2001  08  04  date REFRAD
         - 1998  08  05  date enlisted in RA
         =    02  11  29
         +                  1  day inclusive
         =    03  00  00  net active service

b.  Thus, item 12, blocks b and c of his DD Form 214 should be corrected.

3.  Therefore, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

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 current entries from item 12, blocks b and c, of his DD Form 214 and adding the following entries to his DD Form 214, item 12:

* block b:  "2001  08  04"
* block c:  "0003  00  00"




      _______ _   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)                                         AR20150000682



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ABCMR Record of Proceedings (cont)                                         AR20150000682



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