BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150002199
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 Transfer or Discharge) to show he entered active duty on 9 September 1991.
2. The applicant states the entry in item 12a showing he entered active duty on
9 September 1981 is a simple typographical error.
3. The applicant provides a copy of his DD Form 214.
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 completed the Reserve Officer Training Corps program, and he was appointed a 2nd lieutenant and concurrently ordered to active duty.
3. His DA Form 220 (Active Duty Report) and his orders to active duty both show his active duty reporting date as 14 April 1991. He was to report for permanent assignment in Germany on 9 September 1991. There is no evidence that these dates were modified.
4. The applicant progressed normally and retired as a colonel on 31 October 2014. His DD Form 214 in item 12a (Date Entered AD This Period) shows
1981 09 09 and item 12c (Net Active Service This Period) shows 23 years,
1 month, and 22 days.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 is obviously in error. The available evidence shows he entered active duty on 14 April 1991.
2. Consequently, the computation of his net active service during this period, shown in item 12c, is also erroneous.
3. The correct computation is:
2014 10 31 date of separation from active duty
- 1991 04 19 date entered active duty
= 23 06 17
+ 1 inclusive day
= 23 06 18 or 23 years, 6 months and 18 days
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ _X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 by:
a. deleting the current entry in item 12of his DD Form 214, and replacing it with the entry 1991 04 19; and
b. deleting the current entry in item 12c and replacing it with the entry
0023 06 18.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing item 12a to read 1991 09 09.
_________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) AR20150002199
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ABCMR Record of Proceedings (cont) AR20150002199
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