BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160007057 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 24 April 2018 DOCKET NUMBER: AR20160007057 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) to show the correct date of entry on active duty. 2. The applicant states that he enlisted in the Regular Army and entered active duty on 3 February 1998. However, his DD Form 214 shows he entered active duty on 3 February 1994. This correction is necessary for the Department of Veterans Affairs (VA) to process his claim. 3. The applicant provides copies of his DD Form 214 and VA claim letter. 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 214 shows the applicant entered active duty as a member of the U.S. Marine Corps (USMC) on 27 August 1992, was honorably released from active duty on 26 August 1996, and transferred to the Marine Corps Reserve Support Center to complete his Reserve service obligation. He had completed 4 years of net/total active service this period and had 6 months and 13 days of total prior inactive service. 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 3 February 1998 for a period of 3 years. 4. A DA Form 4991-R (Declination of Continued Service Statement), dated 10 December 1999, shows the applicant declined to take necessary action to meet the length-of-service requirement to satisfy the 12-month commit for overseas assignment to Korea. It also shows he was eligible to request voluntary separation. 5. Headquarters, I Corps and Fort Lewis, Military Personnel Division, Fort Lewis, WA, Orders 227-0003, dated 14 August 2000, discharged the applicant from the Regular Army effective 22 October 2000. 6. The applicant's DD Form 214 shows he was honorably discharged based on non-retention on active duty. It also shows, in pertinent part, in item 12 (Record of Service) – * block a (Date Entered Active Duty This Period): "1994 02 03" * block b (Separation Date This Period): "2000 10 22" * block c (Net Active Service This Period): "0006 (Years) 08 (Months) 20 (Days)" * block d (Total Prior Active Service): 0004 (Years) 00 (Months) 00 (Days) * block e (Total Prior Inactive Service): 0001 (Year) 11 (Months) 20 (days) 7. In support of his application the applicant provides a copy of a VA letter, dated 24 March 2016, that notified him the VA was working on his claim. a. It shows, "A review of your military records, specifically, Certificate of Release or Discharge From Military Service (DD214), shows that your USMC service dates are '27 August 1992' to '26 August 1996' and your Army service dates have '3 February 1994' to '22 October 2000.' The Army period of service is overlapping your USMC period. Your Army enlistment contract shows your entry date as being '3 February 1998.' We have adjusted your VA records to reflect this date of entry." b. He was advised to apply to the ABCMR for correction of his DD Form 214 and to provide a copy of the corrected document to the VA. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for: * item 12, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information * block a, enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued * block b, enter the separation date this period * block c, enter the amount of service this period (subtract 12a from 12b) DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show he entered active duty on 3 February 1998 instead of 3 February 1994. 2. A DD Form 214 shows the applicant served on active duty in the USMC from 27 August 1992 through 26 August 1996. 3. His DD Form 4 shows he enlisted in the Regular Army and entered active duty on 3 February 1998. 4. The DD Form 214 he was issued when he was discharged on 22 October 2000 shows he entered active duty on 3 February 1994 and that he had completed 6 years, 8 months, and 20 days of net active service this period. a. A calculation of his period of active duty service shows the following: 2000 10 22 date of discharge from the Regular Army - 1998 02 03 date enlisted/entered active duty in the Regular Army = 02 08 19 + _ 1 inclusive day = 02 08 20 net active service this period (Regular Army) b. His DD Form 214, item 12, does not show in – * block a, the correct date he entered active duty * block c, the correct net active service he completed this period BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160007057 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 his 22 October 2000 DD Form 214 (Certificate of Release or Discharge from Active Duty) by deleting the current entries in the blocks identified and adding the following entries – * block 12a (Date Entered Active Duty This Period): "1998 02 03" * block 12c (Net Active Service This Period): "0002 08 20" 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007057 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007057 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2