IN THE CASE OF: BOARD DATE: 4 March 2021 DOCKET NUMBER: AR20200001287 APPLICANT REQUESTS: correction of Block 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 24 years and 27 days’ vice 23 years, 11 months, and 20 days of active service. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states Block 12c of his DD Form 214 is incorrect by 26 days. His net active service this period should be 24 years, 0 months, and 27 days. 3. Review of the applicant's service records shows: a. He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 5 July 1983. He was discharged from the DEP after 1 month and 6 days, and enlisted in the Regular Army on 11 August 1983. b. He served through multiple reenlistments in a variety of assignments. c. He was honorably retired on 31 July 2007. His DD Form 214 shows in: * Block 12a (Date Entered Active Duty This Period) 5 July 1983 (should be 11 August 1983) * Block 12b (Separation date This Period), 31 July 1983 * Block 12c (Net Active Service This Period) 23 years, 11 months, and 20 days * Block 12d (Prior Active Service This Period) zero * Block 12e (Prior Inactive Service This Period) 0 years, 1 month, and 6 days 3. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. DEP service is not active service. a. Block 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 b. Block 12b, enter the Soldier’s transition date. c. Block 12c, amount of service this period, computed by subtracting item 12a from 12b, minus lost time. d. Block 12d, total Prior Active Service. If not applicable, enter “00 00 00.” e. Block 12e, Total Prior Inactive Service. From previously issued DD Forms 214 and/or Enlisted Record Brief enter the total amount of prior inactive service, less lost time, if any. DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory MSO (military service obligation), and is entered in block 18. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. Evidence in the records show the applicant enlisted under the delayed entry program which is not creditable service for pay purposes and is not authorized on the DD Form 214. Based on governing regulatory guidance the DD Form 214 is a representation of continuous period of active duty. The Board concluded there was insufficient evidence of an error or injustice which would warrant a change in the applicant’ net active service this period. Therefore, they denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for Block 12 (Record of Service) a. Block 12a, Date Entered Active Duty (AD) This Period. 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 b. Block 12b, Separation Date This Period. 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. c. Block 12c, Net Active Service This Period. Amount of service this period, computed by subtracting item 12a from 12b, minus lost time. d. Block 12d, Total Prior Active Service. From previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any. If not applicable, enter “00 00 00.” e. Block 12e, Total Prior Inactive Service. From previously issued DD Forms 214 and/or Enlisted Record Brief enter the total amount of prior inactive service, less lost time, if any. DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory MSO, and will be entered in block 18. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001287 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1