IN THE CASE OF:	  

		BOARD DATE:	        6 January 2009

		DOCKET NUMBER:  AR20080008246 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the correct entry and separation dates.  

2.  The applicant states, in effect, that his DD Form 214 contains incorrect entry and separation dates.  

3.  The applicant provides a copy of his DD Form 214, dated 23 January 2004; a copy of page 2 of his DD Form 4 (Enlistment/Reenlistment Document), dated 17 March 2000; and copies of Orders 05-235-00072, dated 23 August 2005 and Orders 04-472-00010, dated 28 September 2004, issued by Headquarters, 81st Regional Readiness Command, Birmingham, Alabama in support of his request.

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 applicant’s 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 applicant’s 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 he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 17 March 2000.  Section IV (Service Obligation) of his DD Form 3540-R (Certificate and Acknowledgement of U.S. Army Reserve Service Requirements and Method of Fulfillment) contains the following statement “I will incur a statutory military service obligation of 8 years and a contractual obligation to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve unless I voluntarily elect to remain assigned and continue to satisfactorily participate as a member of a troop program unit.”  

3.  The applicant's records further show he was ordered to active duty for training (ADT) on 13 April 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  He was honorably released from ADT to the control of his USAR unit on or around 28 July 2000.  The DD Form 214 pertaining to this period of ADT is not available for review with this case. 

4.  On 24 January 2003, the applicant was ordered to active duty as a member of his USAR unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 2 March 2003 to 2 November 2003.  He was honorably released from active duty on 23 January 2004.  

5.  Item 12a (Date Entered Active Duty This Period) of the DD Form 214 he was issued shows the entry “2003  01  24” and Item 12b (Separation Date This Period) shows the entry “2004  01  23.”  This form also shows he completed 1 year of creditable active military service this period.  

6.  On 23 August 2005, the applicant was discharged from the USAR.  

7.  The applicant’s records do not show he completed any other period of active service.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their active duty military service.  It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after ETS, if any, are deducted and such time will be identified in block 18. 

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.”

	e.  Item 12e is obtained from previously issued DD Forms 214 and/or ERB/ORB (Enlisted Records Brief/Officer Records Brief), shows the total amount of prior inactive service, less lost time, if any.  DEP (Delayed Entry Program) time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory MSO (military service obligation), and will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was ordered to active duty on 24 January 2003 in support of Operation Iraqi Freedom.  Upon completion of his service in Iraq and subsequent demobilization, he was honorably released from active duty on 23 January 2004.  Both his entry and transition dates are correctly shown on his DD Form 214.  Therefore, there is no corrective action required with regard to his entry and separation dates.

2.  The evidence of record also shows that the applicant had previously completed nearly 106 days of prior active duty training during his ADT which is not shown on his DD Form 214.  However, his record is void of the DD Form 214 that was issued at the time and/or supporting evidence that shows the exact date he entered into and separated from active duty.  In the absence of such documentation, there is insufficient evidence to correct the applicant’s total prior active service.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.


															XXX
      ______________________
               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)                                         AR20080008246



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ABCMR Record of Proceedings (cont)                                         AR20080008246



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