IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080014798 


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 correction of Item 12d (Total Prior Active Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 4 months and 29 days instead of 8 months and 28 days of prior active service.

2.  The applicant states, in effect, that her DD Form 214 contains an error.  

3.  The applicant provides copies of her DD Forms 214, dated 16 March 2005 and 27 January 2001, in support of her 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 records show she enlisted in the Mississippi Army National Guard (MSARNG) on 27 May 2000.  She subsequently entered active duty for training (ADT) on 29 August 2000, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 73C (Finance Specialist).  She was released from ADT to the control of her ARNG unit on 27 January 2001.  The DD Form 214 she was issued shows she completed 4 months and 29 days of active Federal service during this period.

3.  On 3 January 2004, the applicant was ordered to active duty as a member of her ARNG unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 25 February 2004 to 17 February 2005.  She was honorably released from active duty to the control of her ARNG unit on 16 March 2005.

4.  Item 12c (Net Active Service This Period) of the DD Form 214 she was issued on 16 March 2005 shows she completed 1 year, 2 months, and 14 days of active federal service and item 12d shows she had 8 months and 28 days of prior active service.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

	a.  item 12a (Date Entered AD [Active Duty] This Period) shows 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.

	b.  item 12b (Separation Date This Period) shows the Soldier’s transition date. This date may not be the contractual date if Soldier is separated early, voluntarily extends or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

	c.  item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration of term of service (ETS), if any, are deducted and such time will be identified in block 18.

	d.  item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  
	e.  item 12e (Total Prior Inactive Service), obtained from previously issued DD Forms 214 and/or the Enlisted/Officer Record Brief (ERB/ORB), shows the total amount of prior inactive service, less lost time, if any.  Delayed Entry Program (DEP) time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory military service obligations (MSO), and will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant entered ADT on 29 August 2000 and was released from ADT on 27 January 2001.  She completed 4 months and 29 days of net active service during this period.  She also entered active duty on 3 January 2004 and was honorably separated on 16 March 2005.  However, her DD Form 214, dated 16 March 2005, incorrectly shows her prior active service as 8 months and 28 days instead of 4 months and 29 days.  Therefore, she is entitled to correction of this DD Form 214 to show the correct period of prior active 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 deleting from item 12d of the applicant's 16 March 2005 DD Form 214 the entry “0000  08  28" and replacing it with the entry "0000 04 29.


															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.
ABCMR Record of Proceedings (cont)                                         AR20080014798



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ABCMR Record of Proceedings (cont)                                         AR20080014798


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