IN THE CASE OF: BOARD DATE: 10 November 2010 DOCKET NUMBER: AR20100012057 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 (Dated Entered Active Duty This Period) and item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 1996. 2. The applicant states he entered active duty on 4 January 1990, not 14 January 1990. This error was carried forward to the calculations of his net active service. After a 22-year career he would like to have this error corrected. 3. The applicant provides copies of his DD Form 214 for the period ending 19 August 1996; U.S. Army Reserve (USAR) discharge orders, dated 12 February 1990; DD Form 4 (Enlistment/Reenlistment Document), dated 4 January 1990; and a DA Form 1695 (Oath of Extension of Enlistment), dated 22 August 1991. 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 2 September 1988 with a period of initial active duty for training (IADT) of 4 months and 27 days. 3. Orders 43-24, issued by Headquarters, Fourth U.S. Army, Fort Sheridan, IL, dated 12 February 1990, discharged the applicant from the USAR, effective 3 January 1990. The orders show his enlistment in the USAR was terminated on the effective date for the purpose of enlistment in the Regular Army (RA). 4. A DD Form 4 shows his date of enlistment in the RA as 4 January 1990. 5. A DA Form 1695 shows the applicant extended his 4-year enlistment for 12 months to meet a service remaining requirement. The initial date of his RA enlistment is shown as 4 January 1990. 6. The applicant's DD Form 214 for the period ending 19 August 1996 provides in: * item 12a, the entry "1990 01 14" * item 12c, the entry "0006 07 06" 7. 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 establishes standardized policy for preparing and distributing the DD Form 214. It states, for: * item 12a, enter the beginning date of the continuous period of active duty for which a DD Form was not previously issued * item 12b (Separation Date This Period), enter the Soldier's transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the government * item 12c, enter the amount of service this period, computed by subtracting item 12a from item 12b DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant enlisted in the RA on 4 January 1990 as shown on his discharge orders from the USAR, DD Form 4, and DA Form 1695. Therefore, item 12a of his DD Form 214 should be corrected accordingly. 2. The applicant enlisted in the RA on 4 January 1990 and he was honorably discharged on 19 August 1996. Subtracting his date of enlistment from his date of discharge equals 6 years, 7 months, and 16 days of net active service this period. Therefore, item 12c of his DD Form 214 should be corrected 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: a. deleting from item 12a of his DD Form 214 for the period ending 19 August 1996 the entry "1990 01 14" and replacing it with the entry "1990 01 04" and b. deleting from item 12c of his DD Form 214 for the period ending 19 August 1996 the entry "0006 07 06" and replacing it with the entry "0006 07 16." __________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) AR20100012057 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1