IN THE CASE OF:	  

		BOARD DATE:	  	  23 April 2009

		DOCKET NUMBER:  AR20080008412 


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, correction to his DD Form 214 to show total prior service.  He needs to have all prior service counted since he is now serving on active duty in the United States Navy.  

2.  The applicant states, in effect, that he was in the Army Reserves from April 1999 through February 2006.  He served with the 739th Engineer Company, 1255 W 7th Street, Granite IL 62040.  He adds that his full prior military service is not being counted toward his current service in the United States Navy.  

3.  The applicant provides no additional evidence or official documentation in support of his application.

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 military personnel record shows he enlisted in the US Army Reserve on 26 April 1999 for a period of 8 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 12C (Bridge Crewmember).  The highest grade he attained was pay grade E-4. 

3.  On 21 January 2003, the applicant entered active duty for training.  On 6 June 2003, the applicant was released from active duty by reason of completion of required active service.  He had completed 4 months, and 6 days of active service that was characterized as honorable.

4.  The applicant's DD Form 214 with an effective date of 6 June 2003 contains the following entries:

	a.  Item 12d (Total Prior Active Service ) – Show (SEE BLOCK #18);

	b.  Item 12e (Total Prior inactive Service )- Show (SEE BLOCK #18)

5.  Item 18 (Remarks) in part shows that a (DD Form 215) will be issued to provide missing information.  Item 12D does not account for annual and or weekend training this Soldier may have accomplished prior to date entered in Item 12A.  Member completed period for which ordered to active duty for purpose of post service benefits.  Member has completed first full term of service.

6.  Orders 06-061-00044 dated 2 March 2006, reduced the applicant to the lowest enlistment grade and discharged the applicant from the United States Army Reserve with an effective date of 2 March 2006, with a discharge Under Other Than Honorable Conditions.

7.  In the processing of this case, a memorandum was obtained from the Department of the Army U.S. Army Human Resources Command (HRC), ST. Louis Missouri dated 30 January 2009.  The HRC specialist recommended that the applicant be issued a DD Form 215 (Correction to the DD Form 214), with the following corrections:  Item 12d should read 00-04-26 and Item 12e should read 03-03-29. 

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214 and for issuing DD Forms 215.  Chapter 2 contains detailed instruction and source documents (s) for completing each item of the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contentions, that all his prior service should be correctly counted and be reflected on a DD Form 215, were carefully considered and found to have merit.   

2.  The evidence of record confirms that the applicant's DD Form 214 is incorrect. Item 18 (Remarks) states that the applicant should be issued a DD Form 215 for missing information.  Item 12D (Total Prior Active Service) and Item 12E has no entries and states to (SEE Block #18).  Item 12D and 12E does not account for any prior active service or prior inactive service and therefore should be corrected.

3.  Therefore, it would be appropriate to add an entry in Item 12d (Total Prior Active Service) to read 00-04-26 and to add an entry in Item 12e (Total Prior Inactive Service) to read 03-03-29.

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 

	a.  amending Item 12d (Total Prior Active Service) of the applicant's 
DD Form 214 dated of 6 June 2003 to read 00-04-26; 

	b.  amending Item 12e (Total Prior Inactive Service) of the applicant's 
DD Form 214 to read 03-03-29; and 




	c.  Issuing him a DD Form 215 (Correction to the DD Form 214) that includes these changes.






      _______ _   __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)                                         AR20080008412



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ABCMR Record of Proceedings (cont)                                         AR20080008412



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