IN THE CASE OF BOARD DATE: 20 May 2014 DOCKET NUMBER: AR20130016473 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 item 12 (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 11 February 1997 to show a date of 4 March 1993. 2. The applicant states he initially enlisted in the Army on 9 November 1988 and was separated on 8 November 1992. His first DD Form 214 is correct. He again enlisted in the Army on 4 March 1993 and reenlisted on 11 October 1995 to complete a 3-year tour in Italy. He was released from active duty with a hardship discharge and received his final DD Form 214 via the mail. The dates on this second DD Form 214 are incorrect. This DD Form 214 shows he enlisted on 4 March 1989 and was separated on 11 February 1997. This DD Form 214 should have the correct entry date of 4 March 1993. He believes that there was some confusion at the time of his discharge. 3. The applicant provides copies of his 1992 and 1997 DD Forms 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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 1 November 1988. He was discharged from the DEP on 8 November 1988 and initially enlisted in the Regular Army (RA) on 9 November 1988 for 4 years. 3. He was released from active duty on 8 November 1992 and was transferred to the USAR Control Group (Reinforcement). He was credited with completing 4 years of net active service. 4. He again enlisted in the RA on 4 March 1993 and reenlisted on 12 October 1995. He was honorably discharged on 11 February 1997 with a hardship discharge. His DD Form 214 lists in: * Item 12a – 4 March 1989 * Item 12c (Net Active Service This Period) – 7 years, 11 months, and 8 days * Item 12d (Total Prior Active Service) – 4 years * Item 18 (Remarks) - Immediate Reenlistments This Period: 19930307-19951011 5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 12a - would list the beginning date of the continuous period of active duty for issuance of the DD Form 214 or for which a DD Form 214 was not previously issued * Item 12c - would list the amount of service that period, computed by subtracting Item 12a from 12b (Separation Date This Period), less time lost * Item 12d - would list from a previously issued DD Form 214, the total amount of prior active military service, less time lost * Item 18 - would list the entry, "Immediate Reenlistments This Period and specify dates" for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214 DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant again enlisted in the RA on 4 March 1993 and reenlisted on 12 October 1995. He was discharged on 11 February 1997 after completing 3 years, 11 months, and 8 days of total active service during the period that this DD Form 214 should have covered. Therefore, item 12a of his DD Form 214 ending on 11 February 1997 should be corrected to show an entry date of 4 March 1993. 2. Based on this correction, item 12c of his 1997 DD Form 214 should be corrected to show he completed 3 years, 11 months, and 8 days of net active service during this period. 3. Item 18 of his DD Form 214 should be correct to list the entry, "Immediate Reenlistments This Period –19951012-19970211." 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 ending on 11 February 1997 the entry "1989-03-04" and replacing it with the entry "1993-03-04" * deleting from item 12c of his 1997 DD Form 214 the entry, "0007-11-08" and replacing it with the entry "0003-11-08" * deleting from item 18 of his 1997 DD Form 214 the entry "Immediate Reenlistments This Period: 19930307-19951011" and replacing it with the entry "Immediate Reenlistments This Period –19951012-19970211" ____________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) AR20130016473 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130016473 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1