ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 June 2019 DOCKET NUMBER: AR20180016068 APPLICANT REQUESTS: service date on his DD Form 214 (Certificate of Release or Discharge from Active Duty) Item 12b (Separation Date) 12 November 1986 be changed to 14 November 1986. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his service credit listed on his DD Form 214 is incorrect. It states his service is 14 November 1984 to 12 November 1986 and it should read 14 November 1984 to 14 November 1986. He reports he needs it corrected for Veteran Affairs (VA) loan purposes. 3. A review of the applicant’s records show: * 13 November 1984 – signed DD Form 1966 (Record of Military Processing- Armed Forces of the United States) * 15 November 1984 – enlisted in Regular Army (RA) according to his DD Form 4/1 (Enlistment/ Reenlistment Document Armed Forces of the United States), he enlisted for 2 years * 6 August 1986 – received reassignment orders separating him from RA, reporting date to transfer point was 13 November 1986 * 14 November 1986 – is listed as the date of relief from active duty unless changed or rescinded * 14 November 1992 – is listed as his terminal date of reserve obligation * 13 November 1986 – received order 317-238 releasing him from active duty RA with an effective date of 13 November 1986 4. The applicant’s DD Form 214 shows: * 15 November 1984 – date entered active duty * 13 November 1986 – date separated * net active service period is 1 year, 11 months and 29 days 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used as a basis for the preparation of the DD Form 214. BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief. The Board found evidence in the record showing the applicant’s through date on his DD Form 214 effective 13 November 1986 accurately reflects the applicant’s discharge date. However, the Board found that the applicant’s DD Form 4, enlistment record, was for a period of two years and the applicant’s enlistment began on 15 November 1984. Therefore, the applicant should not have been discharged until 15 November 1986, which fell on a Saturday. The Board agreed that the applicant faced an injustice by being separated two days early. Therefore, the Board found that relief is warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 DD Form 214 effective 13 November 1986 by correcting: - item 12b (Separation Date This Period) to show “14 November 1986” vice “13 November 1986”; - item 12c (Net Active Service This Period) to show "2 00 00" vice " 1 11 29, and; - item 18 (Remarks) "Completed first full term of service." 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used as a basis for the preparation of DD Form 214. //NOTHING FOLLOWS//