BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150015464 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150015464 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. BOARD DATE: 17 January 2017 DOCKET NUMBER: AR20150015464 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 August 1991 to show his entry date as 15 February 1987 instead of 31 May 1990. 2. The applicant states he was in basic training at Fort McClellan, AL, in June 1987. 3. The applicant provides: * DD Form 214 for the period ending 7 August 1991 * DD Form 214 for the period ending 8 September 1988 * DA Form 2-1 (Personnel Qualification Record) 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 California Army National Guard (CAARNG) on or about 15 April 1987. He was assigned to the 270th Military Police (MP) Company, Sacramento, CA. 3. He entered active duty for training (ADT) at Fort McClellan, AL, on 28 June 1988 and completed required training for award of military occupational specialty (MOS) 95B (MP). 4. He was honorably released from ADT on 8 September 1988 to the control of his State ARNG. He was issued a DD Form 214 that captured his active service of 2 months and 11 days. 5. On 30 March 1990, he submitted a DA Form 4187 (Personnel Action) through his chain of command and requested enlistment in the Regular Army (RA). His commander approved his request. 6. The applicant enlisted in the RA on 31 May 1991. The Sacramento Military Entrance Processing Station published an order ordering him to report to the Reception Station at Fort Jackson, SC on 1 June 1991. 7. He then completed training for award of MOS 63S (Heavy Wheel Vehicle Mechanic) and was subsequently assigned to Redstone Arsenal, AL. 8. In July 1991, his chain of command initiated separation action against him, and on 1 August 1991, the separation authority approved his discharge. 9. The applicant was honorably discharged on 7 August 1991. His DD Form 214 for this period of service shows in: * item 12a (Date Entered Active Duty This Period) – "90-05-31" * item 12b (Separation Date This Period) – "91-08-07" * item 12c (Net Active Service This Period) – "01-02-07 * item 12d (Total Prior Active Service) – "00-04-16" REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that item 12 shows the record of service. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. Furthermore, it states for: * item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued * item 12b, enter the Soldier's transition date, less time lost * item 12c, enter the amount of active service this period, computed by subtracting item 12a from 12b, less time lost * item 12d, enter the amount of prior active service DISCUSSION AND CONCLUSIONS: The applicant completed two periods of service: the first in the ARNG and the second in the RA: a. While in the ARNG, he entered active duty for training on 28 June 1988 and he was released from active duty on 8 September 1988. He was issued a DD Form 214 that credited him with 2 months and 11 days of active service. b. He then enlisted in the RA on 31 May 1990 and he was discharged on 7 August 1991. He was issued a DD Form 214 that credited him with 1 year, 2 months, and 7 days of active service as well as his prior active service. c. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. His two periods of active duty were not continuous. That is why he was issued a separate DD Form 214 for each period. d. Both of his DD Forms 214 correctly credited him with the active duty service he completed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015464 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015464 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2