IN THE CASE OF:
BOARD DATE: 24 April 2009
DOCKET NUMBER: AR20080008942
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 her DD Form 214 (Certificate of Release or Discharge From Active Duty) issued on 4 February 2006 be corrected to show the time (prior inactive service) she spent in the United States Army Reserve (USAR) as a commissioned officer.
2. The applicant states, in effect, that when she married she did not realize her reserve paperwork was in her former married name versus the name on her service record.
3. The applicant provides a copy of her DD Form 214 and Orders Number
9-2-A-21 in support of this 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 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. Records show the applicant accepted her commission as a second lieutenant in the USAR on 12 December 1997 and served in a reserve duty status until she was ordered to active duty on 8 February 1998.
3. On 4 February 2006, the applicant honorably released from the active duty and transferred to the USAR Control Group (Reinforcement) after completion of her required active service. Item 12e (total prior inactive service) of the DD Form 214 she was issued at the time of separation shows 00 00 00 as her total prior inactive service.
4. Army Regulation 635-5 (Separation Documents) established a standardized policy for preparing and distributing the DD form 214. Chapter 2 contains guidance on the preparation and distribution of the DD Form 214. Paragraph
2-4h contains detailed instructions and source documents(s) for completing each item of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her prior inactive service should be annotated on her DD Form 214 was carefully considered and found to have merit.
2. Evidence of record shows that the applicant served for 1 month and 26 days on inactive service in the USAR before being ordered to active duty. Therefore, Item 12e of her DD Form 214 dated 4 February 2006, should be corrected to read "00 01 26."
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 correcting item 12e of her DD Form 214, effective date of 4 February 2006 to read prior inactive service 00 01 26.
_ ___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) AR20080008942
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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