IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080006223
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, in effect, that item 12a (Date Entered AD [active duty] This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 1997 be corrected to show
15 October 1996.
2. The applicant states, in effect, that the Army Discharge Review Board (ADRB) Case Number AR20060016751 shows that she enlisted on 15 October 1996.
3. The applicant provides two DD Forms 214 for the periods ending 19 August 1997 and 12 May 2001; one page of her DA Form 2-1 (Personnel Qualification Record); and page 1 of her ADRB Case Number AR20060016751.
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 Army National Guard on 15 October 1996 for a period of 8 years. She was ordered to active duty on 3 April 1997 for training. On 19 August 1997, she was released from active duty.
3. Item 12a on the applicants DD Form 214 for the period ending 19 August 1997 shows the entry, 1997 04 03. Item 12e (Total Prior Inactive Service) on this DD Form 214 shows the entry, 0000 05 18.
4. On 17 May 2000, the applicant extended her enlistment in the Army National Guard for a period of 1 year to be eligible to enter an Active Guard Reserve status (which she had done on 15 May 2000). On 12 May 2001, she was released from active duty. On 14 May 2002, she was discharged from the Army National Guard with a general discharge and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). On 19 October 2004, she was honorably discharged from the USAR.
5. In support of her claim, the applicant provided page 1 of her ADRB Case Number AR20060016751 which states, in pertinent part, that her current enlistment date was 15 October 1996 in Part IV (Soldiers Overall Record).
6. Army Regulation 635-5 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 Soldiers 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.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stated, in pertinent part, that all prior inactive service, less any lost time, would be entered in item 12e.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her separation from active duty.
2. Evidence of record shows the applicant enlisted in the Army National Guard on 15 October 1996 but she was not ordered to active duty until 3 April 1997 for training. She was released from active duty on 19 August 1997, and in accordance with the governing regulation, item 12e on her DD Form 214 for the period ending 19 August 1997 properly reflects her earlier service in the Army National Guard (i.e. 5 months and 18 days). Therefore, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ 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.
_ _______xxxx_____________
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) AR20080006223
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ABCMR Record of Proceedings (cont) AR20080006223
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