RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 MAY 2008 DOCKET NUMBER: AR20070018455 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. Director Analyst The following members, a quorum, were present: Chairperson Member 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 Item 12b (Separation Date This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 7 September 1995 be corrected to read 1998 09 07 (7 September 1998) instead of 1995 09 07 (7 September 1995). 2. The applicant states, in effect, he entered the service on 8 September 1995, served a 3 year period of service, and was honorably released from active duty on 7 September 1998. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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. DD Form 4/3 of the applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 8 September 1995 for a period of 3 years. 3. Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia Orders 166-0015, dated 15 June 1998, transferred the applicant to a transition point at Fort Stewart with a reporting date of 7 September 1998 and a date of release from active duty unless changed/rescinded of 7 September 1998. 4. Item 12b of the applicant's DD Form 214 contains the entry 1995 09 07. 5. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 contains the entry 03 00 00 (3 years, 0 months, and 0 days). 6. There are no orders or other evidence to show the applicant's date of release from active duty was changed or rescinded. Item 18 (Remarks) does not contain any entries that would indicate the applicant was held beyond his expiration of term of service. 7. Item 28 (Narrative Reason for Separation) of the applicant's DD Form 214 indicates he was released from active duty by reason of his completion of his required service. 8. Army Regulation 635-5 (Separation Documents), then in effect, provided, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list was the separation approval authority documentation and separation orders. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the separation date on his DD Form 214 is incorrect. 2. The entry currently shown in Item 12b of the applicant's DD Form 214 shows he was separated from active duty 1 day prior to his enlistment in the Regular Army. Therefore, it is clear a typographical error occurred in the preparation of the applicant's DD Form 214. 3. Based on the applicant's orders transferring him to a transition point, the entries in Items 12c and 28 showing he completed his term of service (3 years), and the lack of an entry in Item 18 of the applicant's DD Form 214 showing he was held beyond his expiration of period of service, it is reasonable to conclude the applicant's date of release from active duty was 7 September 1998. Therefore, it is appropriate to correct Item 12b of the applicant's DD Form 214 to read 1998 09 07. BOARD VOTE: __X______ __X______ _X___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 12b of the applicant's DD Form 214 to read 1998 09 07 instead of 1995 09 07. __________X____________ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018455 2 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508