IN THE CASE OF: BOARD DATE: 1 March 2012 DOCKET NUMBER: AR20110017586 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) by amending item 12a (Date Entered AD) This Period). 2. She states the date of entry shown on her DD Form 214 is incorrect. 3. She provides a copy of her DD Form 214. 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. A DD Form 4 (Enlistment/Reenlistment Document) shows she enlisted in the U.S. Army Reserve (USAR) in the Delayed Entry Program on 22 March 1984. On 21 August 1984, she enlisted in the Regular Army (RA) for 3 years. 3. Her record contains two additional DD Forms 4 which show she reenlisted in the RA during the following periods with no break in service: Date Term Active Military Service Inactive Military Service 13 March 1987 3 years 2 years, 6 months, 22 days 4 months, 29 days 11 December 1989 4 years 5 years, 3 months, 20 days 4 months, 29 days 4. On 31 May 1992, she was honorably released from active duty. Her DD Form 214 contains the following entries: * Item 12a – 89 12 11 (11 December 1989) * Item 12b (Separation Date This Period) – 92 05 31 (31 May 1992) * Item 12c (Net Active Service This Period) – 2 years, 5 months, 20 days * Item 12d (Total Prior Active Service) – 5 years, 3 months, 20 days * Item 18 (Remarks) – Immediate reenlistments this period: 840821 – 870312 (21 August 1984 – 12 March 1987); 870313 – 891210 (13 March 1987 – 10 December 1989); 891211 – 920531 (11 December 1989 – 31 May 1992) 5. Based on her date of entry on AD and her date of separation shown on her DD Form 214, she had completed a total of 7 years, 9 months, and 11 days of net active service for this period. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Effective 1 October 1979, a DD Form 214 will not be issued to a Soldier who reenlists in the RA. 7. Paragraph 2-4 of the same regulation provides instructions for the completion of items that appear on the DD Form 214. Instructions for the completion of Item 12 (Record of Service) are as follows: a. Item 12a - Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. b. Item 12c - Amount of service this period, computed by subtracting item 12a from 12b. Lost time under Title 10, U.S. Code 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in Item 18. c. Item 12d - 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." DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms she enlisted in the RA on 21 August 1984 as confirmed by her initial enlistment contract for that period. 2. Item 12a of her DD Form 214 shows she entered AD on 11 December 1989. It is apparent that an administrative error occurred when preparing this form. Based on the evidence of record which confirms she reenlisted in the RA twice with no break in service, it would be appropriate to amend item 12a of her DD Form 214 to show 21 August 1984. 3. As a result of correcting item 12a of her DD Form 214, item 12c should also be corrected to show 7 years, 9 months, and 11 days and item 12d should be corrected to show 0 years, 0 months, and 0 days. 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 her DD Form 214 as follows: a. Item 12a to show the entry: 84 08 21; b. Item 12c to show the entry: 7 years, 9 months, 11 days; and c. Item 12d to show the entry 0 years, 0 months, 0 days. _______ _ __X_____ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20110017586 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017586 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1