RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 OCTOBER 2005 DOCKET NUMBER: AR20050001225 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. John Meixell Chairperson Mr. James Gunlicks Member Ms. Jeanette McCants Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was released from active duty on 31 May 1995, vice the 15 March 1995 date shown. 2. The applicant states that the date that he was released from active duty is incorrect. He did not receive credit for terminal leave. 3. The applicant provides a copy of his DD Form 214 and leave and earning statements (LES) for the months of February 1995 through May 1995. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 15 March 1995. The application submitted in this case is dated 22 December 2004. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant enlisted in the Army Reserve Delayed Entry Program (DEP) for 8 years on 5 November 1990. He was discharged from the DEP upon his enlistment in the Regular Army for 4 years on 8 August 1991. The applicant completed training, and in December 1991 was assigned to an infantry unit at Schofield Barracks in Hawaii. 4. On 26 October 1994 the applicant requested an early separation to attend school, with a requested separation date of 12 May 1995. His request was approved on 23 January 1995. 5. On 30 January 1995 orders were published assigning the applicant to the transition point at Fort Shafter for transition processing with a reporting date of 10 May 1995 and a separation date of 12 May 1995. 6. On 13 March 1995 the above-mentioned orders were amended to reflect a reporting date to the transition point and a separation date of 15 March 1995. 7. The applicant’s DD Form 214 shows that he was released from active duty at Fort Shafter on 15 March 1995 and transferred to the Army Reserve Control Group (Reinforcement) at St. Louis. That form indicates that the applicant was not available for his signature. 8. The applicant’s LESs that he submits with his request show his pay entitlements, deductions, and allotments from February 1995 through May 1995. Those statements also show leave information, e.g., the balance brought forward from the previous fiscal year, the leave earned, used, new balance, and balance at the expiration of his term of service (ETS). The amounts (leave earned, used, and new balance) are cumulative from month to month. 9. The February LES shows that he had a balance of 53 days leave. The March LES shows that he used 16 days leave and had a new balance of 39.5 days leave. His April LES shows that he used 46 days leave and had a new balance of 12 days leave. His May LES show that he used 56 days leave and had a new balance of 4.5 days leave. DISCUSSION AND CONCLUSIONS: 1. The evidence shows that orders were published directing his separation on 12 May 2005, and that those orders were amended to reflect a separation date of 15 March 1995. His DD Form 214 shows a separation date of 15 March 1995. 2. However, he was paid through 31 May 1995 as indicated by the LES that he submits with his request. Those statements show that he took 16 days leave in March 2005, 30 days leave in April 2005, and 10 days leave in May 1995, leaving him a new balance of 4.5 days leave. 3. The evidence is inconclusive. The applicant’s orders and his DD Form 214 show a separation date in March 1995; however, he received pay and allowances and deductions were taken from his pay through May 1995. He took leave in March, April, and May 1995. 4. It would appear then, that the applicant continued his service in the Army beyond the date indicated on his DD Form 214, as indicated by his LES. The preponderance of evidence supports this conclusion. 5. Thus, the applicant’s DD Form 214 should be corrected to show that he was released from active duty on 31 May 1995. His net active service should be changed accordingly, to show 3 years, 9 months, and 24 days. BOARD VOTE: __JM ___ __JG____ __JM ___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was released from active duty on 31 May 1995 with 3 years, 9 months, and 24 days of net active service. ______John Meixell________ CHAIRPERSON INDEX CASE ID AR20050001225 SUFFIX RECON YYYYMMDD DATE BOARDED 20051020 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 110.01 2. 3. 4. 5. 6.