IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150009019
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 item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 January 2006 to show 25 September 1997 instead of 5 May 1997.
2. The applicant states:
* a DD Form 215 (Correction to DD Form 214) needs to be issued correcting item 12a of his DD Form 214 for the period ending 11 January 2006
* he was in the U.S. Army Reserve (USAR) prior to entering active duty in the Regular Army on 25 September 1997
* a DA Form 1506 (Statement of Service For Computation of Length of Service for Pay Purposes) was completed to adjust his basic active service date (BASD) to 5 May 1997
* the dates on his DD Form 214 for the period ending 11 January 2006 were incorrectly entered into the Transition Point Processing System which caused it to be incorrect
3. The applicant provides:
* Military Entrance Processing Station Orders 191-06, dated 25 September 1997
* DD Form 214
* two DA Forms 1506
* Defense Finance and Accounting Service (DFAS) Form 702 (Leave and Earnings Statement (LES))
* Joint Uniform Military Pay System LES History Display printout
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 USAR on 12 December 1995 for an 8-year period. On 24 September 1997, he was discharged from the USAR for immediate enlistment in the Regular Army.
3. On 25 September 1997, he enlisted in the Regular Army for a 3-year period. Military Entrance Processing Station Orders 191-06, dated 25 September 1997, show he enlisted on that date with an active duty commitment of 3 years.
4. On 17 December 1997, a DA Form 1506 was issued to show his BASD as 5 May 1997. The form was authenticated by the assistant personnel officer.
5. On 11 January 2006, he was honorably released from active duty. His DD Form 214 for this period shows in:
* item 12a 1997 05 05
* item 12c (Net Active Service This Period) 0008 03 17
* item 12d (Total Prior Active Service) 0000 03 24
* item 12e (Total Prior Inactive Service) 0001 05 19
6. The applicant provided a DA Form 1506 that shows his active and inactive Reserve status as follows:
* 12 December 1995 through 7 February 1996 inactive 1 month and 27 days
* 8 February 1996 through 1 June 1996 active 3 months and 24 days
* 2 June 1996 through 20 July 1996 inactive 1 month and 19 days
* 21 July 1996 through 3 August - active 13 days
* 4 August 1996 through 19 July 1997 inactive 11 months and 16 days
* 20 July 1997 through 2 August 1997 active 13 days
* 3 August 1997 through 24 September 1997 inactive 1 month and 22 days
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It stated to enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued in item 12a.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 for the period ending 11 January 2006 to show his date of entry on active duty as 25 September 1997 was carefully considered.
2. Although his BASD was adjusted to 5 May 1997, the evidence of record shows he entered active duty service in the Regular Army on 25 September 1997. Based on a preponderance of evidence, his DD Form 214 for the period ending 11 January 2006 should be corrected to show he entered active duty on 25 September 1997.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 item 12a of his DD Form 214 for the period ending 11 January 2006 to show his date of entry on active duty as "1997 09 25."
____________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.
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