IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080008508
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 item 12d (Total Prior Active Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 October 1999 be corrected.
2. The applicant states that she does not have three years of concurrent active duty service.
3. The applicant provides a copy of her DD Form 214 for the period ending
24 October 1999.
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. Having prior service in the U.S. Army Reserve, the applicant was ordered to active duty on 12 March 1999 in support of Operation Joint Forge. She served in Bosnia from 23 March 1999 to 13 October 1999 and was released from active duty on 24 October 1999.
3. Item 12d on the applicant's DD Form 214 for the period ending 24 October 1999 shows she served 3 years and 7 days of total prior active service.
4. The available records do not contain any previously issued DD Forms 214.
5. There is no evidence in the applicant's service personnel records which shows she served 3 years and 7 days of active service prior to being ordered to active duty on 12 March 1999.
6. The applicant's Chronological Statement of Retirement Points, dated
26 November 2008, does not show she served 3 years and 7 days of active duty prior to 12 March 1999.
7. 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. The regulation states, in pertinent part, that from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any, in item 12d on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Since there is no evidence of record which shows the applicant served 3 years and 7 days of active service prior to being ordered to active duty on 12 March 1999, and there are no previously issued DD Forms 214 available, it would be appropriate to amend item 12d on her DD Form 214 for the period ending
24 October 1999 to show the entry, "0000 00 00."
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. deleting the entry in item 12d on her DD Form 214 for the period ending
24 October 1999; and
b. adding the entry, "0000 00 00" in item 12d on this DD Form 214.
______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.
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