IN THE CASE OF: BOARD DATE: 11 May 2016 DOCKET NUMBER: AR20150010368 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 May 2016 DOCKET NUMBER: AR20150010368 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 12e of his DD Form 214 and replacing it with the entry "0001  11  05." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 19b of his DD Form 214. ___________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. IN THE CASE OF: BOARD DATE: 11 May 2016 DOCKET NUMBER: AR20150010368 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, in effect, correction of item 12e (Total Prior Inactive Service) and item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: * he believes his Reserve time was not calculated correctly * his Reserve unit was the U.S. Army Reserve (USAR) Control Group, St. Louis, Missouri * his nearest relative is his wife, M____ B. D____, with an address in Georgia 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 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the USAR on 30 January 1986 for a period of 8 years. 3. Military Entrance Processing Station, Milwaukee, Wisconsin, Orders 2-003, dated 5 January 1988, show he enlisted in the Regular Army on 5 January 1988 for a period of 4 years. 4. On 31 October 2008, he retired in the rank of sergeant first class. 5. His DD Form 214 shows in: * item 12e – he completed 1 year, 8 months, and 25 days of prior inactive service (USAR service from 30 January 1986 through 4 January 1988) * item 19b – B____ K____ with an address in Harvey, Illinois REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The instructions for item 12e stated to enter the total amount of prior inactive service, less lost time. b. The instructions for item 19b stated the name of the nearest relative would be provided by the Soldier and the name and address of the relative should be someone who would know the Soldier's location and address at all times. DISCUSSION: 1. The applicant's contention that item 12e of his DD Form 214 is incorrect appears to have merit. His DD Form 214 shows he completed 1 year, 8 months, and 25 days of prior inactive service. His USAR service from 30 January 1986 through 4 January 1988 equates to 1 year, 11 months, and 5 days. Item 12e of his DD Form 214 should show he completed 1 year, 11 months, and 5 days of prior inactive service. 2. He also requests correction of item 19b of his DD Form 214. However, the DD Form 214 is a snapshot in time and is a reflection of his record of active Army service at the time of his release from active duty. The evidence shows he reported his nearest relative as B____ K____ at the time of his retirement in 2008. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010368 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010368 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2