IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130013897 


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 or Release or Discharge from Active Duty) for the period ending 12 August 2004 to show he entered active duty on 16 July 2001.

2.  The applicant states his DD Form 214 incorrectly shows he entered active duty on 17 January 1997 instead of 16 July 2001.

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 had prior active and Reserve service when he enlisted in the Regular Army on 17 July 2001 for a period of 4 years and training as an automated logistics specialist.  He completed his training at Fort Lee, Virginia, and was transferred to Germany on 8 November 2001.  He also served in Southwest Asia during the period 11 October to 15 May 2003.

3.  On 12 August 2004, he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to a disability that existed prior to service.  Item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 17 January 1997.  Item 12c (Net Active Service This Period) of his DD Form 214 shows he completed 3 years and 26 days of active service during this period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 for the period ending 12 August 2004 incorrectly shows he entered active duty on 17 January 1997 instead of 16 July 2001 has been noted and found to have partial merit.

2.  The evidence of record clearly shows he entered active duty on 17 July 2001.  Additionally, item 12c of his DD Form 214 shows he completed 3 years and 26 days of active service which coincides with a 17 July 2001 entry date.

3.  Therefore, it is reasonable to presume that an administrative error occurred in the preparation of his DD Form 214 for the period ending 12 August 2004.  Accordingly, item 12a should be corrected at this time to show he entered active duty on 17 July 2001.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the current entry from item 12a of his DD Form 214 for the period ending 12 August 2004
* adding the entry "2001  07  17" to item 12a of his DD Form 214 for the period ending 12 August 2004

2.  The Board further determined 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 correcting his DD Form 214 for the period ending 12 August 2004 to show he entered active duty on 16 July 2001.



      _______ _  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)                                         AR20130013897



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ABCMR Record of Proceedings (cont)                                         AR20130013897



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