RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2007
DOCKET NUMBER: AR20070008038
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Lester Echols
Member
Mr. Jeffrey C. Redmann
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 her Certificate of Release or Discharge from Active Duty (DD Form 214) to show her correct dates of entry and release from active duty.
2. The applicant states, in effect, that her DD Form 214 shows her date of release as being prior to her date of entry. She believes that these dates may have been reversed.
3. The applicant provides a copy of 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 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. Pursuant to Presidential Executive Order of 18 January 1991, the applicant, a sergeant, pay grade E-5, in the Individual Ready Reserve, was ordered to active duty effective 8 February 1991, for the purpose of mobilization.
3. Orders 067-103, United States Army Training Center and Fort Dix, Fort Dix, New Jersey, dated 8 March 1991, released the applicant from active duty and assigned him to the United States Army Reserve Control Group (Reinforcement) effective 8 March 1991.
4. Item 12 (Record of Service) of the applicants DD Form 214, shows that she entered active duty on 6 September 1992 and was released from active duty on 8 March 1991.
5. 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. It states that, for Item 12a (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; for Item 12b (Separation Date This Period), enter the Soldiers transition date; and for Item 12c (Net Active Service This Period), enter the amount of service this period, computed by subtracting Item 12a from 12b.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was ordered to active duty effective 8 February 1991 and was released from active duty on 8 March 1991. He completed 1 month and 1 day of creditable active duty.
2. In view of the above, the applicants DD Form 214 should be corrected.
BOARD VOTE:
__JEA __ __LE____ __JCR__ 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: 91 02 08;
b. showing in Item 12b: 91 03 08; and
c. showing in Item 12c: 00 01 01.
__ James E._Anderholm______
CHAIRPERSON
INDEX
CASE ID
AR20070008038
SUFFIX
RECON
DATE BOARDED
20071101
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
129
2.
3.
4.
5.
6.
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