IN THE CASE OF: BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100018272 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 Release or Discharge from Active Duty) to show the correct date he entered active duty. 2. The applicant states he entered active duty on 15 June 1980; however, item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 15 June 1986. Item 12c (Net Active Service This Period) reflects 26 years, 3 months, and 16 days, and item 12b (Separation Date This Period) reflects 30 September 2006, which equates to an active duty entry year of 1980. He adds item 14 (Military Education) [continued in item 18 (Remarks)] shows he completed the 18-week Quartermaster Officer Basic Course in 1980, which offers further evidence he was on active duty in 1980. 3. The applicant provides a copy of his DA Form 4037 (Officer Record Brief [ORB]) and 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 was appointed as a U.S. Army Reserve commissioned officer in the rank of second lieutenant on 11 May 1980. 3. Headquarters, First Reserve Officers' Training Corps Region, Fort Bragg, NC, Orders 101-26-A-922, dated 28 May 1980, ordered the applicant to active duty on 15 June 1980 for a period of 3 years. 4. The applicant's ORB, dated 18 May 2006, shows in Section III (Service Data) that the applicant's "BASD" [Basic Active Service Date] was 15 June 1980 and his "EAD [Entry on Active Duty] Current Tour" date was 15 June 1980. 5. An automated Service Computation for Retirement form, computed on 9 May 2006, shows the applicant had continuous commissioned officer service from 15 June 1980 through 30 September 2006 for a total of 26 years, 3 months, and 16 days of active service. It also shows in: a. item 10 (Total Active Service) - "26 [Years], 03 [Months], and 16 [Days]"; b. item 15 (Basic Pay Entry Date) - "1980 06 15" (i.e., 15 June 1980); c. item 16 (Separation Date) - "2006 09 30" (i.e., 30 September 2006); and d. item 17 (Less Date of Entry on Current Tour) - "1980 06 15" (i.e., 15 June 1980). 6. U.S. Army Garrison, Fort Belvoir, VA, Orders 129-0003, dated 9 May 2006, retired the applicant from active service effective 30 September 2006 in the rank/grade of colonel/pay grade O-6. The orders also show the applicant had completed 26 years, 3 months, and 16 days service for basic pay and voluntary retirement. 7. The applicant's DD Form 214 shows he was honorably retired from active service on 30 September 2006 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired). It also shows in item 12: a. block a - "1986 06 15" (i.e., 15 June 1986); b. block b - "2006 09 30" (i.e., 30 September 2006); and c. block c - "0026 03 16" (i.e., 26 years, 3 months, and 16 days). 8. There is no evidence the applicant had any break(s) in active service during the period 15 June 1980 through 30 September 2006. 9. Army Regulation 635-5 (Personnel Separations - 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. It states that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File. DISCUSSION AND CONCLUSIONS: Records show the applicant was ordered to active duty as a commissioned officer on 15 June 1980 and that he had continuous active service through 30 September 2006. Records also show this period of active duty equates to 26 years, 3 months, and 16 days. Thus, the entry on the applicant's DD Form 214 in item 12a (i.e., 15 June 1986), clearly is in error. Therefore, it would be appropriate to correct this item to show the applicant entered active duty this period on 15 June 1980. 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 from item 12a of his DD Form 214 the entry "1986 06 15" and replacing it with the entry "1980 06 15." ____________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) AR20100018272 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018272 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1