IN THE CASE OF: BOARD DATE: 25 February 2010 DOCKET NUMBER: AR20090013699 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 correctly show all of his service. 2. The applicant states that he joined the U.S. Marine Corps Reserve in 1998; transferred to the U.S. Army Reserve (USAR) to become a Reserve Officers’ Training Corps (ROTC) cadet; and then served on active duty. 3. The applicant provides, in support of his request, copies of his USAR enlistment documents, various associated personnel documents and his U.S. Marine Corps DD Form 214 from his July 1998 initial active duty for training (IADT). 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 enlisted in the U.S. Marine Corps Reserve on 9 February 1998 and served on IADT from 23 February through 17 July 1998. His DD Form 214 shows 4 months and 25 days of "Net Active Service This Period" and 14 days of "Total Prior Inactive Service." He reverted to his reserve unit effective the following day. 3. On 14 August 2001, at the Alabama A&M University ROTC program, the applicant enlisted in the USAR in pay grade E-5, for a period of 5 years and 36 weeks for participation in ROTC and the Simultaneous Membership Program (SMP) with a troop program unit. 4. The applicant completed ROTC and served on active duty as a commissioned USAR officer from 16 November 2003 to 27 December 2006. His DD Form 214 lists no prior active or inactive service. 5. Army Regulation 635-5 (Separation Documents) provides line-by-line instructions for completion of the DD Form 214. The instructions for block 12 (Record of Service) state, "Use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information." The following subparagraphs are applicable to the case: (a) Date Entered Active Duty (AD) This Period. Enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. (b) Separation Date This Period. The Soldier's transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government. (c) Net Active Service This Period. Amount of service this period, computed by subtracting item 12a from 12b. Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in block 18. (d) Total Prior Active Service. From previously-issued DD Forms 214, enter total amount of prior active military service less lost time, if any. If not applicable, enter "00 00 00." (e) Total Prior Inactive Service. From previously-issued DD Forms 214 and/or ERB/ORB, enter the total amount of prior inactive service, less lost time, if any. DISCUSSION AND CONCLUSIONS: 1. The applicant's U.S. Marine Corps DD Form 214 correctly shows 4 months and 25 days of "Net Active Service This Period." This value should have been shown on line 12d on his 2006 DD Form 214. 2. The applicant served in the U.S. Marine Corps Reserve from 18 July 1998 until he enlisted in the USAR, on 14 August 2001 and continued on inactive duty in the USAR until he entered active duty on 16 November 2003, a period totaling 5 years, 3 months and 29 days to which the 14 days of "Total Prior Inactive Service" shown on his U.S. Marine Corps DD Form 214 should be added. This value, 5 years 4 months and 13 days, should be shown on line 12e of his 2006 DD Form 214. 3. In view of the foregoing findings and conclusions, it would be appropriate to rectify this error by correcting the applicant’s records as recommended below. 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 changing block 12d of his 2006 DD Form 214 to read "00 04 25" days AND changing block 12e to read “05 04 13." _______ _ _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) AR20090013699 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)