BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008033 


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 that he entered active duty in May 2002 and served for a period of 9 months.

2.  The applicant states that he reported to active duty in May 2002 and served on active duty for 9 months.

3.  The applicant provides copies of his DD Form 214 and orders for active duty in support of his 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.  Orders M-03-200399, U.S. Army Reserve Personnel Command, dated 26 March 2002, ordered the applicant to active duty with a report date no later than 22 April 2002.  Orders M-03-20039901, dated 5 April 2002, amended his report date to no later than 25 May 2002.

3.  On 25 February 2003, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Individual Ready Reserve).

4.  The applicant's DD Form 214 indicates in item 12 (Record of Service) that he entered active duty on 23 December 2002, was released from active duty on 25 February 2003, and completed only 2 months and 3 days of creditable active duty service.

5.  The Defense Finance and Accounting Service records show that the applicant served on active duty from 23 May 2002 through 25 February 2003, a period of 9 months and 3 days.

6.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, for an entry in item 12a showing the date of entry on active duty, in item 12b showing the date of separation, and in item 12c showing the net active duty served during that particular period of active duty service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he entered active duty in May 2002 and not in December 2002 as shown on his DD Form 214.

2.  The evidence of record clearly shows that the applicant entered active duty on 23 May 2002 and served until his release on 25 February 2003, a period of 9 months and 3 days.  Therefore, his DD Form 214 should be corrected to show this period of active duty service.

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:

	a.  showing in item 12a of his DD Form 214:  23 May 2002; and

	b.  showing in item 12c of his DD Form 214:  0000 years, 09 months, 03 days.



      ____________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)                                         AR20090008033



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ABCMR Record of Proceedings (cont)                                         AR20090008033



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