IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080014376
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 12a (Date Entered Active Duty This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 August 2003 be corrected.
2. The applicant states, in effect, that her DD Form 214 for the period ending 9 August 2003 incorrectly reflects the date she entered active duty as 12 February 2000. This date is the effective date of her pay grade from her previous enlistment. She states that item 18 (Remarks) on her DD Form 214 for the period ending 9 August 2003 shows the period of duty from 27 March 2003 through 9 August 2003, which is the correct time period.
3. The applicant provides two DD Forms 214, for the periods ending 25 April 2002 and 9 August 2003.
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. The applicant enlisted in the Regular Army on 12 November 1997 for a period of 4 years. At the completion of basic training and advanced individual training, she was awarded military occupational specialty 91B (medical specialist). She was advanced to specialist, E-4, on 12 February 2000.
3. The applicant was released from active duty on 25 April 2002 under the provisions of Army Regulation 635-200, chapter 8, by reason of pregnancy. She completed 4 years, 5 months, and 14 days of active military service. On the following date she was transferred to the U.S. Army Reserve (USAR) and assigned to the U.S. Army Hospital at Fort Lewis, Washington.
4. She was ordered to active duty on 27 March 2003 in support of Operation Enduring Freedom. On 9 August 2003, she was released from active duty and transferred to the USAR Control Group (Individual Ready Reserve (IRR)) on the following date.
5. Item 12a on her DD Form 214 for the period ending 9 August 2003 reflects that she entered active duty on 12 February 2000. This discharge document also shows she completed 3 years, 5 months, and 28 days of active military service during the period covered by the report.
6. Item 18 on her DD Form 214 for the period ending 9 August 2003 shows the entry "PERIOD OF DUTY: 20030327-20030809."
7. The applicant enlisted in the Army National Guard on 24 May 2004 and was discharged on 23 May 2005. On the following date, she was transferred to the USAR Control Group (Reinforcement). She was discharged from the USAR on 21 February 2006.
8. Army Regulation 635-5 (Separation Documents) directs that the beginning date of the continuous period of active duty will be entered in item 12a for issuance of a DD Form 214 for which a DD Form 214 was not previously issued. It directed that the total active service will be entered in item 12c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Regular Army from 12 November 1997 through 25 April 2002 and was transferred to a USAR unit on the following date.
2. The applicant's DD Form 214 for the period ending 9 August 2003 shows she was ordered to active duty on 27 March 2003. However, her DD Form 214 for the period ending 9 August 2003 erroneously reflects the date she entered active duty as 12 February 2000 and that she completed 3 years, 5 months, and 28 days of active military service. She continued to serve on active duty until she was released from active duty on 9 August 2003.
3. It appears that an administrative error occurred in this case and it would be appropriate to amend item 12a on the applicants DD Form 214 for the period ending 9 August 2003 to show she entered active duty on 27 March 2003. In addition, it would be appropriate to amend item 12c to reflect 5 months and 3 days of active military service.
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 12a on her DD Form 214 for the period ending 9 August 2003 to reflect the entry "2003 03 27"; and
b. amending item 12c to reflect the entry "0000 05 03."
__________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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