RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 October 2007
DOCKET NUMBER: AR20070007654
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. John T. Meixell
Member
Mr. David W. Tucker
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 correction of Item 12a (Date Entered on Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 24 January 2003 instead of 27 January 2003.
2. The applicant states that the date she was mobilized is incorrect on her DD Form 214.
3. The applicant provided a copy of her DD Form 214; Fort Douglas, Utah Orders M-108-0051, dated 18 January 2003; Fort Carson, Colorado, Orders
217-24, dated 5 August 2003; and her January and February 2003 Leave and Earnings Statement (LES) 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 applicants 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 applicants 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 records show that she enlisted in the U.S. Army Reserve (USAR) on 9 August 1992. Her records further show that she was awarded military occupational specialty (MOS) 51H (Construction Engineer Supervisor).
3. On 18 January 2003, the 96th Regional Support Command, Fort Douglas Colorado, published Orders M-018-0051, ordering the applicant to active duty for a period of 365 days in support of Operation Enduring Freedom. She was directed to report to the 945th Engineer Detachment Utilities, Bismarck, North Dakota, on 24 January 2003, and to Fort Carson, Colorado, on 27 January 2003.
4. On 5 August 2003, Headquarters, 7th Infantry Division, Fort Carson, Colorado, published Orders 217-24, releasing the applicant from active duty effective 22 September 2003, and further assigning her to the 945th Engineer Detachment Utilities, Bismarck, North Dakota.
5. The applicant's January 2003 LES shows that she was paid by the Defense Finance and Accounting Service (DFAS) during the period 24 January 2003 through 31 January 2003, for active duty for training (ADT).
6. Chapter 2 of Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT) and for Army National Guard (ARNG) and RC Soldiers mobilized under sections 12301(a), 12302, or 12304, title 10, U.S. Code and ARNG Soldiers called into Federal Service under chapter 15, or section 12406, title 10, U.S. Code, regardless of length of mobilization, when transitioned from active duty.
7. Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The date the Soldier entered active duty status will be entered in Item 12a. The last date of active duty will be entered in Item 12b.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she is entitled to correct her records to show the correct date she entered on active duty.
2. Evidence of records show that the applicant was mobilized and ordered to report to Bismarck, North Dakota, on 24 January 2003. Additionally, she started receiving active duty pay effective 24 January 2003. Therefore, she is entitled to correction of her records to show the correct date she entered on active duty as 24 January 2003.
BOARD VOTE:
__js____ __jtm___ __dwt___ 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 correcting item 12a (Date Entered Active Duty This Period) on her DD Form 214 to show the entry "2003 01 24."
John Slone
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070007654
SUFFIX
RECON
DATE BOARDED
20071018
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0200
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3.
4.
5.
6.
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