IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20080018881
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2003 be corrected to show his correct prior active service.
2. The applicant states that his DD Form 214 incorrectly shows 3 years,
2 months, 10 days. He states that his prior active service should show 4 years.
3. The applicant provides a DD Form 214 for the period ending 30 June 2001 and a DD Form 214 for the period ending 31 July 2003.
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 Regular Army on 1 July 1997 for four years. He successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 14S (Avenger Crewmember).
3. On 30 June 2001, the applicant was honorably released from active duty in the rank of specialist (SPC)/E-4 after completing 4 years of creditable active service with no time lost. Item 12c (Net Active Service this Period) of his DD Form 214 for this period of service shows his net active service as 4 years.
4. On 1 July 2001, the applicant enlisted in the Texas Army National Guard (TXARNG). He was ordered to active duty in support of Operation Noble Eagle on 26 August 2002. On 31 July 2003, the applicant was honorably released from active duty and returned to his assigned National Guard unit. Item 12d (Total Prior Active Service) of his DD Form 214 for the period ending 31 July 2003 shows 3 years, 2 months, and 10 days.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 30 June 2001 shows he entered active duty on 1 July 1997 and was honorably released from active duty on 30 June 2001 after completing 4 years of net active service this period. However, the applicant's DD Form 214 for the period ending 31 July 2003 erroneously shows his total prior active service as 3 years, 2 months, and
10 days. There is no evidence to show he had any lost time. Therefore, his
DD Form 214 for the period ending 31 July 2003 should be corrected to show
4 years of total prior active service.
BOARD VOTE:
____X__ ____X___ ____X___ 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 deleting from item 12d of his DD Form 214 for the period ending 31 July 2003 the entry "0003 02 10" and replacing it with the entry "0004 00 00."
__________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) AR20080018881
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018881
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009804
The applicant's records do not show she was issued a DD Form 214 for this period of AD. She was provided a DD Form 214 for the period 8 October 2003 to 18 June 2004 to support 8 months and 11 days active duty service. There is no evidence the applicant served on active duty for any other period other than the period from 8 October 2001 through 18 June 2004 for which she was issued a DD Form 214, and she has not shown otherwise.
ARMY | BCMR | CY2010 | 20100008458
The applicant requests, in effect, correction to Item 12d (Total Prior Active Service), Item 12e (Total Prior Inactive Service), Item 12f (Foreign Service), and Item 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 August 2004. His DD Form 214 for the period ending 30 July 1993 shows in Item 12c he was credited with 4 years of net active service. Based on the evidence, he is entitled to correction of Item 12d of his DD...
ARMY | BCMR | CY2009 | 20090013418
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of entry on active duty as 27 December 2002 instead of 27 December 2003. The evidence of record shows the applicant was ordered to active duty on 27 December 2002 for a period of 365 days that was later changed to 470 days. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2011 | 20110017263
The DD Form 214 he was issued shows in: * item 12b, (Separation date this period), 6 August 1983 * item 12c, (Net Active Service this Period), 1 month and 10 days * item 12d, (Total Prior Active Service), 2 months and 6 days * 3. A calculation for the above periods under review shows the following: 1983 08 06 released from AD - 1983 06 27 entered AD for training = 00 01 09 + 01 day inclusive = 00 01 10 time on AD (Net Active Service) + ____ 02 06 prior AD service = 00 03 16 1996 11 02...
ARMY | BCMR | CY2009 | 20090021224
The applicant requests: a. retroactive promotion to chief warrant officer four (CW4) on 6 November 2007; b. amendment of active duty orders for the period 6 November 2007 to 11 March 2008 to recover retroactive pay and allowances; and c. correction of item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending dated 11 March 2008,...
ARMY | BCMR | CY2001 | 2001064457C070421
The applicant states that he entered active duty on 29 October 1997, instead of 4 July 1997, which affects item 12c and item 12d of his DD Form 214, dated 25 August 2001. The applicant’s military records show he enlisted in the US Army Reserve (USAR) on 31 May 1988. The Board notes that by changing 12a (Date Entered AD This Period) of the applicant’s DD Form 214, dated 25 August 2001, to show 29 October 1997, that his net active service this period is incorrect.
ARMY | BCMR | CY2010 | 20100021373
ARMY | BCMR | CY2008 | 20080004354
The evidence of record shows that the applicant was discharged from the ILARNG on 16 April 2003 and subsequently enlisted in the Regular Army on 17 April 2003: a. in order to credit the applicant with her IADT from 4 June 2002 to 16 August 2002, recorded on the DD Form 220, her date entered on active duty this period was adjusted to account for those days and is therefore correctly shown as 2003 02 04 and requires no further action; b. she was released from active duty on 16 April 2007. ...
ARMY | BCMR | CY2014 | 20140004432
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 14 August 2007 to show in item 12a (Date Entered Active Duty This Period) the entry "2006 07 06" vice "2007 01 02." His record contains a memorandum, issued by Fort Benning, GA, on 10 October 2009, requesting HRC issue the applicant a DD Form 215 (Correction to DD Form 214). As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2010 | 20100024156
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 12 December 2005 to show his correct prior service. His DD Form 214 for this period shows he completed 4 months of creditable active service. He was ordered to active duty in support of OIF on 28 June 2004 and he was honorably released from active duty on 12 December 2005 having completed 1 year, 5 months, and 15 days of net active service this period.