IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100022091 


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 item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Title 10."

2.  The applicant states her service period, character of service, and the Title 10 remarks are necessary to receive post 9-11 education benefits.  She further states without the Title 10 remark she will not be eligible for this benefit.

3.  The applicant provides her DD Form 214.

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.  Having had prior enlisted service, the applicant's records show she was appointed as a second lieutenant in the Illinois Army National Guard (ILARNG) and executed the oath of office on 25 May 2000.

3.  On 26 February 2001, she entered active duty for training (ADT) and she attended the Aviation Officer Basic Course, Initial Entry Rotary Wing Course, and the UH60 Aviation Qualification Course at Fort Rucker, AL.

4.  On 15 October 2002, she was honorably released from active duty and she was transferred to the ILARNG.  Item 23 (Type of Separation) of her DD Form 214 shows the entry "Release from Active Duty Training."

5.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession:

* “Ordered to active duty in support of (operation name) per 10 USC (applicable section)”
* “Service in (name of country deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)”
* “Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements”

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant entered active duty for training and was released from active duty for training on 15 October 2002.  The entries "per 10 USC (applicable section)” and “Soldier completed period for which ordered to active duty for purpose of post-service benefits and entitlements” on the DD Form 214 only applies to Reserve Soldiers ordered to active duty and deployed to a foreign country.  Therefore, she is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20100022091





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ABCMR Record of Proceedings (cont)                                         AR20100022091



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