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ARMY | BCMR | CY2004 | 20040000866C070208
Original file (20040000866C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 January 2005
      DOCKET NUMBER:  AR20040000886


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 12a (Date entered AD [Active Duty]
This Period) of her DD Form 214 (Certificate of Release or Discharge from
Active Duty) for the period ending 14 November 2000 be corrected to read 7
August 1996, the date she came on active duty as a Gold Bar Recruiter at
the University of San Francisco.

2.  The applicant states, in effect, that she believes the date in item 12a
of her DD Form 214, erroneously reflects her time served as an enlisted
soldier and an officer.  The applicant further states that her prior
enlistment date needs to be inserted in area 12 somewhere.

3.  The applicant provides a copy of her DD Form 214 for the period ending
    24 July 1992 and 14 November 2000, a copy of her Army Achievement Medal
Certificate for the period 7 August through 9 October 1996, and a copy of
her active duty appointment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 November 2000, the date of her separation from active duty.
The application submitted in this case is dated 31 March 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was appointed a second lieutenant in the U.S. Army
Reserve on 25 May 1996 and ordered to active duty on 7 August 1996.  She
was discharged in the rank of captain on 14 November 2000.

4.  Item 12a on the applicant's DD Form 214 for the period ending 14
November 2000 shows she entered active duty on 6 January 1994.  Item 12c on
her DD Form 214 shows she completed 6 years, 10 months, and 9 days.  Item
12d on her DD Form 214 shows she has a total of 0 years, 0 months, and 0
days of prior active service.

5.  The applicant provided a copy of Headquarters, 4th Region (ROTC) United
States Army Cadet Command, Fort Lewis, Washington Orders 220-8-A-784 dated
7 August 1996, which shows that the applicant was tendered an appointment
in the Regular Army and ordered to active duty on the date she executed the
oath of office.

6.  These orders show that the applicant was placed in a permissive
temporary duty status in order to perform duties as a Gold Bar Recruiter at
the University of San Francisco from 7 August 1996 to 9 October 1996.
Additionally, these orders specified that the applicant report to a
temporary duty station for temporary duty from 14 October 1996 to 20
December 1996.

7.  On 25 May 1996, the applicant executed an Oath of Office as a second
lieutenant in the Army Reserve.

8.  The applicant provided a copy of an award certificate dated 9 October
1996.  This document shows she was awarded the Army Achievement Medal for
meritorious achievement while serving as a Gold Bar Recruiter at the
University of San Francisco from 7 August 1996 to 9 October 1996.

9.  Records show the applicant attended the United States Army Medical
Detachment Officer Basic Course from 14 October 1996 to 20 December 1996.

10.  On 9 December 1996, the applicant executed an Oath of Office as a
second lieutenant in the Regular Army.

11.  Records show that the applicant completed 2 years, 4 months, and 19
days of active service in a prior enlistment.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the soldier’s most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.






DISCUSSION AND CONCLUSIONS:

1.  Orders and other documents show the applicant entered active duty on
      7 August 1996.  However, her DD Form 214 incorrectly shows the
effective date of her entry on active duty as 6 January 1994.  It would be
appropriate to correct her DD Form 214 to show that her Date Entered AD
This Period is 7 August 1996.

2.  Records show the applicant completed 2 years, 4 months, and 19 days
total prior active service from the period 6 March 1990 through 24 July
1992.  However, her DD Form 214 incorrectly reflects 0 years, 0 months, and
0 days total prior active service in item 12d.  Therefore, it would be
appropriate to amend item 12d on her DD Form 214 to show 2 years, 4 months,
and 19 days total prior active service.

BOARD VOTE:

__ECP__  __BKK __  __RJW__  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

     a.  amending item 12a of her DD Form 214 for the period ending
           14 November 2000 to show her date entered AD this period as 7
August 1996;

     b.  amending item 12c of her DD Form 214 for the period ending
            14 November 2000 to show she had 4 years, 3 months, and 3 days
of net active service this period; and




    c.  amending item 12d of her DD Form 214 for the period ending
          14 November 2000 to show she had 2 years, 4 months, and 19 days
of prior active service.




                            _    Raymond J. Wagner___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000886                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/27                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |113.0                                   |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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