IN THE CASE OF: BOARD DATE: 27 March 2012 DOCKET NUMBER: AR20110019249 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) to show her year of discharge as 1996. 2. The applicant states her DD Form 214 has the correct net active service but the year of discharge was entered incorrectly. 3. The applicant 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. Records show the applicant entered the Regular Army on 15 January 1991. She completed her initial training and served on active duty until she was discharged due to a physical disability. 3. Orders 352-01, Fort Huachuca, AZ, dated 18 December 1995, directed the applicant to be reassigned to the U.S. Army Transition Point for transition processing and discharge no later than 25 January 1996. 4. Records at the Defense Finance and Accounting Service show her last paid day of active duty service was 25 January 1996. 5. The applicant's DD Form 214 shows in item 12 (Record of Service) that she entered active duty on 15 January 1991, was separated from active duty on 25 January 1995, and she had completed 5 years and 11 days of net active service. 6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that Item 12 will contain a record of the Soldier's dates and length of service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that her DD Form 214 should be corrected to show her year of discharge as 1996. 2. The evidence of record clearly shows the applicant served on active duty from 15 January 1991 through 25 January 1996 (a total of 5 years and 11 days). However, the year of discharge is incorrectly listed on her DD Form 214 as 1995. 3. In view of the above, the applicant's DD Form 214 should be corrected to show the entry "96 01 25" in item 12b. 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 deleting the entry in item 12b and adding the entry "96 01 25." _______ _ _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) AR20110019249 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019249 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1