BOARD DATE: 13 November 2012 DOCKET NUMBER: AR20120009035 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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show he had 2 years, 11 months, and 26 days of active duty service. 2. The applicant states he served on active duty just short of 3 years. The 2 years that are shown on his DD Form 214 are incorrect. He needs the correction to properly file for civilian retirement. 3. The applicant provides a copy of his 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. The applicant's DD Form 214 shows he enlisted in the Regular Army on 17 November 1967 and he was released from active duty on 12 November 1970, which was a period of 2 years, 11 months, and 26 days. His DD Form 214 also shows in: * items 22a (1) (Net Service This Period) 1 year, 11 months, and 26 days * item 22a(3) (Total) service 1 year, 11 months, and 26 days * item 22b (Total Active Service) 1 year, 11 months, and 26 days 3. All other records in the applicant's official record support that he served in an active duty status from 17 November 1967 through 12 November 1970. 4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states transition centers are to ensure all information on the DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. No deviation is authorized. DISCUSSION AND CONCLUSIONS: The applicant served 2 years, 11 months, and 26 days. Therefore, the entries in items 22a(1), 22a(3), and 22b should be corrected to show his service equals 2 years, 11 months, and 26 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: * deleting the entries in items 22a(1), 22a(3), and 22b of his DD Form 214 * adding 2 years, 11 months, and 26 days in all three items above _______ _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) AR20120009035 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009035 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1