IN THE CASE OF: BOARD DATE: 21 April 2009 DOCKET NUMBER: AR20080018870 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, in effect, correction of Item 6 (Reserve Obligation Termination Date) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 March 2006. 2. The applicant states, in effect, that the expiration of her Reserve obligation is in fact 23 June 2010, not 16 January 2011, as is currently listed in Item 6 of her DD Form 214. 3. The applicant provides her Reserve Record in support of her application. 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 record shows that on 24 June 2002, she initially enlisted in the Delayed Entry Program (DEP) of the United States Army Reserve (USAR) for 8 years, in the rank of specialist (SPC). On 18 July 2002, she was discharged from the DEP and enlisted in the Regular Army (RA) for 3 years. 3. On 16 January 2003, she was honorably discharged, in the rank of sergeant, for the purpose of accepting a commission. The DD Form 214 she was issued at the time listed her military service obligation (MSO) termination dated as 23 June 2010 in Item 6. 4. On 17 January 2003, the applicant was appointed a second lieutenant (2LT) and entered active duty in that status. She remained on active duty in that status for 3 years, 1 month and 15 days until 1 March 2006, at which time she was honorably released from active duty (REFRAD), in the rank of first lieutenant (1LT) and transferred to the USAR Control Group (Reinforcement). The DD Form 214 she was issued at this time lists her MSO termination date as 16 January 2011 in Item 6. 5. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) defines Army National Guard of the United States (ARNGUS) and USAR service obligations. It prescribes policies and procedures governing the various types of service obligations and participation requirements. Chapter 2 contains guidance on service obligations and paragraph 2-1 defines the statutory obligation. It states, in pertinent part, that the statutory MSO is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment. For all Soldiers who enter on and after 1 June 1984, the MSO is 8 years. The statutory obligation can be terminated by the Army prior to its fulfillment. Separation due to discharge, dismissal, or being dropped from the rolls of the Army terminates a Soldier's statutory obligation. The statutory obligation is not terminated, however, when the Soldier is separated for immediate reentry into the same or another military status. This includes an officer training program in which the Soldier has military status. 6. Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparation of the DD Form 214. The instructions for completing Item 6 state, in pertinent part, that the military service obligation (MSO) starts on the date of initial enlistment or appointment in the RA, ARNG, or USAR, to include the DEP. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that the entry in Item 6 of her DD Form 214, dated 1 March 2006, should be corrected to show the date 23 June 2010 vice 16 January 2011 was carefully considered and found to have merit. 2. By regulation, the MSO for Soldiers who entered on and after 1 June 1984 is 8 years and this date starts from date of initial enlistment or appointment in the RA, ARNG, or USAR, to include the DEP. The evidence of record confirms the applicant initially enlisted in the DEP on 24 June 2002, which established her statutory MSO as 23 June 2010. Therefore, it would be appropriate to correct Item 6 of her 1 March 2006 DD Form 214 accordingly. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 6 of her 1 March 2006 DD Form 214 by deleting the current entry and replacing it with the entry "20100623"; and by providing her a correction to her separation document that includes this change. _______ _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. ABCMR Record of Proceedings (cont) AR20080018870 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080018870 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1