IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080014326
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 of item 12a (Date Entered Active Duty This Period) of his 24 July 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he believes the date of entry on active duty listed on his DD Form 214 is incorrect and should show 18 May 2007 instead of 11 August 2007.
3. The applicant provides the following documents in support of his application: Military Entrance Processing Station (MEPS) orders, unit letter of instruction, school checklist, fax cover sheet, DD Forms 214, and Veterans Services letter.
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. MEPS, Fort Snelling, Minnesota, Orders 7130015, dated 10 May 2007, ordered the applicant to initial active duty for training (IADT) from the Army National Guard on 17 May 2007 for approximately 5 weeks to attend the Warrior Transition Course for training in military occupational specialty (MOS) 21K1O, and on 1 August 2007 he completed the 21K1O (Plumber Phase 3) course.
3. On 3 October 2007, the applicant was reassigned to Iraq in support of Operation Iraq Freedom.
4. United States Army Installation Management Command, Headquarters, United States Army Garrison, Fort McCoy, Orders 193-178, dated 11 July 2008, released the applicant from active duty (REFRAD) effective 24 July 2008.
5. On 24 July 2008, the applicant was honorably REFRAD. Item 12a of the DD Form 214 he was issued at that time shows he entered active duty on 11 August 2007. Item 12b (Separation Date this Period) show he was REFRAD on 24 July 2008. Item 12c (Net Active Service This Period) shows he completed a total of 11 months and 14 days of creditable active military service during the period covered by the DD Form 214.
6. In connection with the processing of this case, a member of the Board staff contacted an official at the Defense Finance and Accounting Service (DFAS). This official stated the applicant's DFAS pay record confirmed he entered active duty on 18 May 2007 and received active duty pay through his REFRAD on 28 July 2008.
7. 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. Chapter 2 contains instructions for preparation of the DD Form 214. The instructions for item 12a state to enter 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the date of entry on his 24 July 2008 DD Form 214 is incorrect was carefully considered and found to have merit. By regulation, item 12a of the DD Form 214 will contain the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.
2. The evidence of record confirms the applicant was ordered to and entered active duty to attend IADT on 18 May 2007. It further shows that upon completion of IADT, he remained on active duty and continued to serve for 1 year, 2 months, and 7 days until being honorably REFRAD and returned to his Army National Guard unit on 24 July 2008, as evidenced by active duty and assignment orders in his record and by the DFAS record. In view of the facts of this case, it would be appropriate to amend the applicant's 24 July 2008 DD Form 214 by deleting the current entry in item 12a and replacing it with the entry "2007 05 17," and by deleting the current entry in item 12c and replacing it with the entry "0001 02 07."
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 amending his 24 July 2008 DD Form 214 by deleting the current entry in item 12a and replacing it with the entry "2007 05 17," by deleting the current entry in item 12c and replacing it with the entry "0001 02 07," and by providing him a correction to his 24 July 2008 DD Form 214 that reflects 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) AR20080014326
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ABCMR Record of Proceedings (cont) AR20080014326
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