IN THE CASE OF: BOARD DATE: 15 October 2015 DOCKET NUMBER: AR20150003317 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 item 12d (Total Prior Active Service) of his 8 August 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his total prior active service. 2. He states he attended basic training from 7 June to 12 August 1995. 3. He provides: * DD Form 214 * DD Form 220 (Active Duty (AD) Report) * DA Form 2-1 (Personnel Qualification Record – Part II) 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 enlisted in the U.S. Army Reserve on 14 December 1994 for military occupational specialty (MOS) 71L (Administrative Specialist). 3. His official military personnel file (OMPF) is void of a DD Form 214 for the period of his basic training. However, a DD Form 220, dated 10 August 1995, shows he entered AD on 7 June 1995 and was separated from AD on 12 August 1995, a period of 2 months and 6 days. 4. Item 35 (Record of Assignments) of his DA Form 2-1 shows effective 7 June 1995, his principal duty title was listed as AD training (ADT). Effective 12 August 1995, he was released from ADT and returned to his Reserve unit. 5. On 19 June 1996 he was ordered to ADT for MOS 71L which was an 8-week course. His DD Form 214 shows in: * Item 12b (Separation Date This Period) 8 August 1996 * Item 12c (Net Active Service This Period) "0000 01 20" * Item 12d "0000 00 00" indicating no prior active service * Item 23 (Type of Separation) Release from ADT 6. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states to enter in item 12d the total amount of prior active military service less lost time from previously issued DD Forms 214. DISCUSSION AND CONCLUSIONS: His DD Form 220 as well as his DA Form 2-1 confirm he attended basic training from 7 June 1995 to 12 August 1995. This period equates to 2 months and 6 days which are not listed on his DD Form 214. 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 from item 12d of his DD Form 214 for the period ending on 8 August 1996 the entry "0000 00 00" and adding "0000 02 06." _______ _ 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) AR20150003317 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003317 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1