RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 SEPTEMBER 2005 DOCKET NUMBER: AR20050001587 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 Mr. Ronald DeNoia Analyst The following members, a quorum, were present: Mr. John Slone Chairperson Mr. Eric Anderson Member Ms. Carol Kornhoff 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 the correct dates of active duty. 2. The applicant states the dates of active service are incorrect on his DD Form 214. He states, in effect, that he was in the California Army National Guard (CAARNG) and not on active duty for part of the service time in question. 3. The applicant provides a DD Form 214; an NGB Form 22 (National Guard Bureau, Report of Separation and Record of Service), a DD Form 4 (Enlistment/Reenlistment Document); a USAREC Form 589 (Certificate of Enlistment); and a NGB Form 23 (Army National Guard Retirement Points History Statement). CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 6 November 2001. The application submitted in this case is dated 6 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's DD from 214 shows he entered active duty on 7 October 1994 and was separated on 6 November 2001 with a net active service of 7 years and 1 month. 4. The applicant's NGB Form 22 shows he enlisted in the California Army National Guard on 27 October 1993 and was separated on 6 September 1997. 5. The applicant's DD Form 4 shows that the applicant enlisted in the Army on 7 October 1998. DISCUSSION AND CONCLUSIONS: 1. Records show the applicant enlisted in the CAARNG for the period 27 October 1993 through 6 September 1997 and therefore could not have entered active duty on 7 October 1994 as reflected by the DD Form 214. 2. A review of the records show that a typographical error was made when the DD Form 214 was prepared. The year 1994 was entered as an entry date on active duty when the proper year should have been 1998. 3. In view of the above the applicant's DD Form 214 should be corrected to show the correct date of entry on active duty as 7 October 1998 and the appropriate service periods adjusted accordingly. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 November 2001; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 November 2004. The applicant did not file within the 3-year statute of limitations; however, he has provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case. BOARD VOTE: ___JS___ __EA ___ __CK___ 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 the following corrections to the applicant's DD Form 214: a. Item 12a: Correct entry date to read 7 October 1998; b. Item 12c: Correct Net Active Service period to read 3 years, 1 month, 0 days; and c. Item 12e: Correct Total Prior Inactive Service to read 4 years, 0 months, 0 days. ______John Slone________________ CHAIRPERSON INDEX CASE ID AR20050001587 SUFFIX RECON DATE BOARDED TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 100.0000.0000 2. 3. 4. 5. 6.