IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006311 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 consolidation of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show an entry date of 22 July 1997 and a separation date of 21 December 2001. 2. The applicant states he was issued two separate DD Forms 214 with different entry dates. He would like to have one DD Form 214 with the correct entry and separations dates. 3. The applicant provides: * DD Form 214 from 22 July 1992 to 10 June 1998 * DD Form 214 from 17 November 1994 to 21 December 2001 * separation orders, dated 3 December 2001 * DA Form 2-1 (Personnel Qualification Record) 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 Regular Army (RA) for 6 years on 22 July 1992 and held military occupational specialty 91D (Operations Room Specialist). He reenlisted in the RA for 2 years on 20 February 1998. 3. He was honorably discharged from active duty by reason of disability with entitlement to severance pay on 10 June 1998. His DD Form 214 for this period of service shows in: * Item 12a (Date Entered Active Duty This Period) - 1992-07-22 * Item 12b (Separation Date This Period) - 1998-06-10 * Item 12c (Net Active Service This Period) - 0005-10-19 in years, months, and days format * Item 12d (Total Prior Active Service) - 0000-00-00 4. On 18 September 2000, the U.S. Army Human Resources Command approved waivers of retention control point, grade, and medical allowing the applicant to enlist in the RA in the grade of E-2. 5. The applicant enlisted in the RA in the rank of E-2 for a period of 3 years on 5 October 2000. He was assigned to Fort Campbell, KY. 6. On 3 and 19 December 2001, Headquarters, 101st Airborne Division, Fort Campbell, published orders and amendments ordering his separation in the rank of E-2 effective 21 December 2001. 7. He was honorably discharged from active duty on 21 December 2001 by reason of disability that existed prior to service. His DD Form 214 for this period of service shows in: * Item 12a, 1994-11-17 * Item 12b, 2001-12-21 * item 12c, 0007-01-05 * item 12d, 0005-10-19 8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * Item 12b, enter the Soldier’s transition/separation date * Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b (less time lost) * Item 12d, enter the total amount of prior active military service less time lost, if any DISCUSSION AND CONCLUSIONS: 1. The applicant served his first period of active duty from 22 July 1992 to 10 June 1998. He was discharged by reason of disability on 10 June 1998. He was issued a DD Form 214 that credited him with 5 years, 10 months, and 19 days of active service. This document contains no errors related to his entry or separation dates. 2. After receiving waivers to reenter the RA, the applicant enlisted on 5 October 2000 and he was discharged on 21 December 2001. He completed 1 year, 2 months, and 17 days of active service during this period. His second DD Form 214 erroneously listed his entry date as 17 November 1994 and erroneously credited him with 7 years, 1 month, and 5 days of active service. 3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Consolidation of two or more separate periods of service into one DD Form 214 is not authorized. 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 from item 12a of his DD Form 214 for the period ending on 21 December 2001 the entry "1994-11-17" and adding the entry "2000-10-05" * deleting from item 12c of his DD Form 214 for the period ending on 21 December 2001 the entry "0007-01-05" and adding the entry "0001-02-17" 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 consolidating his two separation documents (DD Form 214). _______ _ 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) AR20150006311 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006311 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1