IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010609 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010609 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 item 12a of his DD Form 214 to reflect 20 July 2006. __________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: 7 June 2016 DOCKET NUMBER: AR20150010609 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 item 12a (Date Entered Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect 20 July 2006. 2. The applicant states: * his DD Form 214 shows he entered active duty on 20 June 2006, but he did not complete Military Entrance Processing Station (MEPS) processing and enter active duty until 20 July 2006 * his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) erroneously shows his enlistment in the Regular Army as 20 June 2006 * his DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Enlistment Program) correctly shows the scheduled date of his enlistment in the Regular Army as 20 July 2006 * his DD Form 2366 (Montgomery GI Bill Act of 1984 – Basic Enrollment) was likewise dated in July 2006 3. The applicant provides: * DA Form 3286, dated 20 October 2005 * DD Form 4, dated 20 October 2005 * DA Form 3286, dated 20 July 2006 * DD Form 2366, dated 25 July 2006 * 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 shows he enlisted in the U.S. Army Reserve in the Delayed Entry Program (DEP) on 20 October 2005. His DD Form 4 also shows he understood he would be ordered to active duty as a Reservist unless he reported to the Houston MEPS by 20 June 2006 for enlistment in the Regular Army. This document was signed by the applicant, his recruiter, and the enlistment officer at the Houston MEPS on 20 October 2005. 3. His DA Form 3286, also signed by him and a witnessing official at the Houston MEPS on 20 October 2005, shows his date of enlistment in the Regular Army was scheduled for 20 July 2006, not 20 June 2006. 4. Annex B of his DA Form 3286 does not show his date of enlistment, but shows his enlistment program, military occupational specialty, incentives, and various statements and conditions. It was signed by him and a witnessing guidance counselor on 20 July 2006. 5. His records contain a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) which was signed by HIM, his recruiter, and a witnessing official on 20 July 2006. Under DEP enlistment date, it shows his date of DEP enlistment as 20 October 2005 and his projected active duty date as 20 July 2006. Under accession date, it shows his enlistment date, active duty service date, pay entry date, and date of grade all as 20 July 2006. 6. His records also contain a DD Form 2808 (Report of Medical Examination) which shows his initial medical examination was conducted on 20 October 2005 and his medical inspection date as 20 July 2006. 7. He provided a DD Form 2366 containing a statement of understanding regarding eligibility for the Montgomery GI Bill. This document is signed by both him and the certifying official on 25 July 2006. 8. On 19 April 2010, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 12a of his DD Form 214 shows the date he entered active duty as 20 June 2006. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions stated to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 in item 12a. 2. Army Regulation 601-210 (Active and Reserve Component Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the Army Reserve, and Army National Guard. a. An applicant is a person who applies voluntarily for enlistment in the Regular Army, Army Reserve, or Army National Guard and is found eligible for further processing after completing and signing a DD Form 1966 and Standard Form 86 (Questionnaire for National Security Positions). b. Medical examinations of the scope prescribed in Army Regulation 40-501 (Standards of Medical Fitness) are required for all applicants except those outlined in Army Regulation 601-270 (Military Entrance Processing Station). Army Regulation 601-270 governs medical examinations of applicants conducted at the MEPS. Each applicant will prepare a DD Form 2807-1 (Report of Medical History) and DD Form 2808. For applicants enlisting in the DEP or Army National Guard, physical examinations will be valid for 2 years from the date of administration. c. The recruiting battalion commander, in coordination with recruiting operations, may authorize extensions in the DEP. Extensions may be approved for a period equal to but not greater than the applicant's total original DEP period of 365 days. d. Each person who enlists or reenlists in a U.S. Armed Force executes a contractual agreement (DD Form 4) that establishes the terms of the Service to be performed in that U.S. Armed Force. The contractual agreement runs concurrently with all incurred statutory obligations. The DD Form 4, together with appropriate annexes, is the only valid agreement that exists between the person and the Department of the Army for enlistment in the Regular Army or the Army Reserve or between the person and the National Guard Bureau for enlistment in the Army National Guard. e. To correct errors found after the applicant has enlisted and forms are distributed, an immediate commander or designee may correct minor administrative and typographical errors found after distribution of forms. A DA Form 4187 (Personnel Action) will be completed and DD Form 4 or DD Form 1966 will be corrected for Regular Army individuals. A copy of the approved DA Form 4187 will be forwarded to the Commander, U.S. Army Enlisted Records and Evaluation Center (PCRE-RR), Fort Benjamin Harrison, IN 46249. 3. Army Regulation 601-270 covers MEPS operational policies, programs, and procedures. It states medical examinations will consist of a medical history and clinical evaluation, laboratory findings, and other measurements and findings and documents on the DD Form 2808. When processing for entry in the DEP or in the U.S. Army Reserve and National Guard, if more than 30 days has elapsed from the initial examination or from a subsequent inspection, a physical inspection will be done and annotated on the form. An applicant previously found qualified for military service will undergo a complete medical examination prior to enlistment, induction, or appointment if more than 24 months have elapsed since the last complete examination was accomplished. DISCUSSION: 1. The applicant's request for correction of item 12a of his DD Form 214 to show he entered active duty on 20 July 2006 in lieu of 20 June 2006 was carefully considered. 2. Although his DD Form 4, signed on 20 October 2005 when he enlisted in the DEP, shows his date of enlistment in the Regular Army was scheduled for 20 June 2006, his DA Form 3286, signed on the same date, shows his date of enlistment in the Regular Army was scheduled for 20 July 2006. 3. Additionally, all subsequent documentation signed at the Houston MEPS required immediately before entry into the Regular Army from the DEP is dated 20 July 2006. His DD Form 1966 shows his projected active duty date, actual enlistment date, active duty service date, and date of grade all as 20 July 2006. His DD Form 2808 shows his initial medical examination done upon entry in the DEP was reconfirmed with a physical inspection on 20 July 2006. 4. The preponderance of the evidence suggests an administrative error was made in the 20 June 2006 date entered on his DD Form 4, as that is the only enlistment document to contain that date and all other documentation either specifically states his enlistment date as 20 July 2006 or directly corroborates his final stages of transition from the DEP to the Regular Army transpired on 20 July 2006. 5. There is no evidence the erroneous Regular Army enlistment date on the DD Form 4 was ever noticed at the time of enlistment, compared to the other enlistment documents signed on the same date at the same MEPS for accuracy, or any attempts were made to rectify the error. 6. Regulatory guidance does not specify that the source document used to complete item 12a of the DD Form 214 must be the DD Form 4, although this appears to have been the case in this instance. The DD Form 4, together with appropriate annexes, constitutes the valid enlistment agreement, not the DD Form 4 alone. The enlistment annexes and other supporting enlistment documents show the date he entered active duty as 20 July 2006. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010609 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010609 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2