Docket No: 6828-20
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:  REVIEW OF NAVAL RECORD OF FORMER MEMBER , USN,              XXX-XX 
 
Ref:   (a) 10 U.S.C. §1552 
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
       
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to reflect the proper enlistment date on his Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 December 2020, and, pursuant to its regulations, determined the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  
 
     c.  Petitioner enlisted in the Delayed Entry Program (DEP) of the Navy on 17 March 1995.  On 28 March 1995, he was discharged from DEP, accepted an enlistment in the regular component of the Navy, and began a period of active duty.  After serving honorably, he was discharged on 14 September 2000 at the completion of required active service.  
 
     d.  On 29 July 2004, Petitioner was administratively reissued a DD Form 214.  Block 12a (Date Entered AD This Period) read “1995 SEP 15” and block 12b (Separation Date This Period) read “2000 SEP 14.”   
 
      e.  On 16 August 2004, Petitioner was issued a Correction to DD Form 214 (DD Form 215).  Block 12b was changed to read “1995 MAR 28.”   
 
      f.  Petitioner contends his DD Form 215 is incorrect because his enlistment date should be 17 March 1995 and not 28 March 1995.   
 
CONCLUSION:  
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.    
 
The Board concluded block 12b on the DD Form 215 issued on 16 August 2004, which should reflect Petitioner’s separation date from active duty, is incorrect.   
 
Further, block 12a on the DD Form 214 issued on 29 July 2004 is incorrect because Petitioner did not enter active duty on “1995 SEP 15” as the DD Form 214 currently reads.  However, Petitioner contends block 12a should read “1995 MAR 17” but that is the date he enlisted in DEP not the date he entered active duty.  The correct date for block 12a is “1995 MAR 28.”   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a correction to his DD Form 214 changing blocks 12a, 12b, and 12c to reflect the correct dates he entered active duty, separation date, and net active service.   
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and  
having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.