IN THE CASE OF: . BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004150 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), item 12a (Date Entered Active Duty) to show 21 April 1994. He also requests that Item 12c (Net Active Service This Period) be adjusted based on this correction. 2. The applicant states, in effect, he entered active duty on 21 April 1994 and not on 21 July 1992 as indicated on the DD Form 214 in question. 3. The applicant provides a DD Form 4 (Enlistment Record) and DD Form 214 in support of his application. 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 DA Form 2-1 (Personnel Qualification Record) shows he initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) in April 1986 and that he enlisted in the Regular Army and entered active duty (AD) on 4 June 1988. It further shows he served on AD until 11 August 1992, at which time he was released from AD (REFRAD) and transferred to the USAR, where he served in a non-AD status through 20 April 1994. 3. On 21 April 1994, the applicant enlisted in the RA, in the grade of specialist (SPC), for 3 years and entered AD in that status. He served on AD until 24 June 2000, at which time he was honorably discharged, in the rank of sergeant. 4. The DD Form 214 the applicant was issued upon discharge on 24 June 2000 contains an entry in item 12a which shows he entered AD for this enlistment period on 21 July 1992. Item 12c contains an entry indicating he completed 7 years, 11 months, and 4 days of active military service during the period covered by the DD Form 214. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states, in pertinent part, that a DD Form 214 will be prepared for active Army Soldiers on termination of AD by reason of administrative separation. 6. Paragraph 2-4 of the separations document regulation contains guidance on completing the DD Form 214, which includes item-by item instructions. The instructions for item 12a state to enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. The instructions for item 12c state to enter the total amount of prior active military service less lost time, if any. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the dates entered in item 12a and 12c of his 24 June 2000 DD Form 214 are in error was carefully considered and found to have merit. 2. By regulation, the date entered in item 12a will be the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. 3. The evidence of record confirms the applicant enlisted in the RA and entered AD on the enlistment covered by the DD Form 214 in question on 21 April 1994, as evidenced by the DD Form 4 on file in his record. Further, the record confirms he served on AD for 6 years, 2 months, and 4 days until being honorably discharged on 24 June 2000. As a result, it would be appropriate to correct item 12a and item 12c of his 24 June 2000 DD Form 214 accordingly. 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 24 June 2000 DD Form 214 by deleting the current entry in item 12a and replacing it with the entry “1994 04 21”; by deleting the current entry in item 12c and replacing it with the entry “0006 11 04”; and by providing him a correction to his DD Form 214 that includes these changes. _______ _ __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) AR20090004150 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004150 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1