BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000008 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 BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000008 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 correcting the DD Form 214 he was issued that shows the period 5 May 1994 through 2 September 1995 by deleting from item 12, block b, the current entry and adding the entry "94 09 02" (i.e., 2 September 1994). _____________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: 9 May 2017 DOCKET NUMBER: AR20160000008 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), item 12 (Record of Service), block b (Separation Date This Period), to show he was released from active duty for training (ADT) on 2 September 1994, instead of 2 September 1995. 2. The applicant states, in effect, a typographic error (i.e., pertaining to the year) occurred when the DD Form 214 was prepared. 3. The applicant provides a copy of the 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. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) prepared by a recruiter on 24 February 1994, in pertinent part, shows in: * item 20 (Accession Data), block b (Active Duty Service Date): 5 May 1994 * Section VI (Remarks) – * Military Entrance Processing Station Ship Date: 5 May 1994 * Reception Station: 9 May 1994 * Basic Combat Training (BCT) Station: 13 May 1994 * Advanced Individual Training (AIT) Station: 13 May 1994 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Army National Guard (ARNG) of the United States and the Maryland ARNG on 2 March 1994 for a period of 8 years. 4. A DD Form 214 issued to the applicant upon his honorable completion of the period of initial ADT, in pertinent part, shows in: * item 12 – * block a (Date Entered Active Duty This Period): 5 May 1994 * block b: "95 [Year], 09 [Month], 02 [Day]" (i.e., 2 September 1995) * block c (Net Active Service This Period): 0 years, 3 months, 28 days * block d (Total Prior Active Service): 0 years, 0 months, 0 days * block e (Total Prior Inactive Service): 0 years, 2 months, 3 days * item 14 (Military Education – Course Title, Number of Weeks, and Months and Years Completed): Law Enforcement Course, 16 Weeks, September 1994 5. A DD Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the ARNG on 2 March 1994 and he was honorably discharged on 1 October 2004. He had completed 10 years and 7 months of net/ total service this period. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time of the applicant's initial ADT, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions show for item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein. It also shows for item 12 – * block a, enter beginning date of the enlistment period or tour of active duty * block b, enter the separation date this period * block c, enter the amount of service this period (subtract item 12a from item 12b) DISCUSSION: 1. The applicant contends the DD Form 214 that he was issued upon completion of his initial period of ADT should be corrected to show he was released from ADT on 2 September 1994, instead of 2 September 1995. 2. The evidence of record, including the DD Form 214 under review, shows the applicant: * entered ADT on 5 May 1994 (i.e., to attend BCT and AIT) * completed AIT (i.e., a Law Enforcement course in September 1994) * was credited with 3 months and 28 days of net active service this period a. A calculation to determine the period of service shows the following: 1994  09  02 date released from ADT - 1994  05  05 date entered ADT =  00  03  27 +  1 inclusive day =  00  03  28 net active duty service this period (ADT) b. The evidence of record supports the applicant's contention that he completed ADT on 2 September 1994 (vice 1995). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000008 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000008 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2