RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 February 2008
DOCKET NUMBER: AR20070014448
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. John G. Heck
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, in effect, that the active and inactive service on his DD Forms 214 (Certificate of Release or Discharge from Active Duty) be properly calculated.
2. The applicant states that his military occupational specialty (MOS) training times are not included nor is his transitioning period of about 2 or 2 1/2 months. The inactive service and active service times on his DD Forms 214 are incorrect.
3. The applicant provides his DD Form 214 for the period ending 28 September 1990 and his DD Form 214 for the period ending 16 April 1992.
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 enlisted in the U. S. Army Reserve (USAR) on 12 April 1990.
3. Military Entrance Processing Station, West Des Moines, IA Orders 075-14, dated 12 April 1990, ordered the applicant to initial active duty for training (IADT) with a reporting date of 19 April 1990. These orders were amended on 20 April 1990 to change his reporting date to 6 June 1990.
4. The applicants first DD Form 214 shows he entered active duty on 6 June 1990 and was released from active duty on 28 September 1990 after completing 3 months and 23 days of active service and 1 month and 24 days of prior inactive service.
5. The applicant enlisted in the Regular Army on 28 May 1991. He was discharged on 19 April 1992. His second DD Form 214 shows he completed 10 months and 19 days of active service that enlistment, 3 months and 23 days of prior active service, and 9 months and 23 days of prior inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in USAR on 12 April 1990, entered IADT on 6 June 1990, and was released from IADT on 28 September 1990:
90 06 05 day prior to entering IADT
-90 04 12 day enlisted in the USAR
= 1 23
+ 1 day inclusive
= 1 month and 23 days of inactive service prior to entering IADT
90 09 28 day released from IADT
-90 06 06 day entered IADT
= 3 22
+ 1 day inclusive
= 3 months and 23 days of active service during IADT
2. The applicant enlisted in the Regular Army on 28 May 1991. He was discharged on 16 April 1992:
91 05 27 day prior to enlisting in the Regular Army
-90 09 29 day after he was released from IADT
= 7 28
+ 1 day inclusive
= 7 29 days of additional inactive service in the USAR
+ 1 24 days of prior inactive service in the USAR
= 8 53
=9 months and 23 days of total inactive service in the USAR
92 04 16 date discharged
-91 05 28 date enlisted in the Regular Army
= 10 18
+ 1 day inclusive
=10 months and 19 days of active service while in the Regular Army
3. In the absence of evidence to the contrary, it appears that the service on both of the applicants two DD Forms 214 was accurately calculated.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __lmd___ __jgh___ 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.
__Linda D. Simmons___
CHAIRPERSON
INDEX
CASE ID
AR20070014448
SUFFIX
RECON
DATE BOARDED
20080226
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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