IN THE CASE OF:	  

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080017398 


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 the date she entered active duty recorded on her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected.

2.  The applicant states, in effect, that the date she entered active duty recorded on her DD Form 214 is incorrect.  The date, she states, should be 14 November 2000.  The date shown on her DD Form 214 is 5 December 2001.  This date, the applicant states, is the date she reported to Fort Gordon.

3.  In support of her request, the applicant submitted those documents that are listed in Item 9 (In Support of. . . .) of the DD Form 149, Application for Correction of Military Record, she submitted to the Board.

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 service personnel record shows she enlisted in the Georgia Army National Guard (GAARNG) with no prior service on 12 September 2000.  She was ordered to initial active duty for training (IADT) for 22 weeks or completion of basic and military occupational training (MOS) on 14 November 2000 by Orders 176-1, Military Entrance Processing Station, Fort Gillem, Georgia.

3.  The applicant successfully completed basic training at Fort Jackson, South Carolina, and was then assigned to Fort Sam Houston, Texas, to undergo advanced individual training (AIT) in the MOS 91B (Medical Specialist).

4.  On 4 January 2001, Orders 004-274 were published by Headquarters, United States Army Training Center and Fort Jackson, attaching the applicant to Company A, 232d Medical Battalion, Fort Sam Houston, effective 9 February 2001, to undergo training in the MOS 91B.

5.  On 29 June 2001, Orders 180-297 were published by Headquarters, U. S. Army Medical Department and School and Fort Sam Houston, awarding the applicant the MOS 91B, with an effective date of 17 July 2001.

6.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows the applicant was released from her AIT and returned to her parent unit on 17 July 2001; however, there is no evidence a DD Form 214 was prepared if she in fact was released from IADT.

7.  A staff member of the Board called the applicant to determine if she had a DD Form 214 for the period of service from 14 November 2000 to the date she allegedly was released from IADT, 17 July 2001.  The applicant stated that she had been injured while in training, was given a thirty day leave to allow her time to recuperate and on her return to Fort Sam Houston was continued on active duty to receive medical treatment.  The applicant alleges that she was not released from active duty until 31 May 2005, the date shown on her DD Form 214.

8.  There are no orders in the applicant's service personnel record showing she was again ordered to active duty for training on or after 17 July 2001.  There are no 


orders in the applicant's service personnel record to show she was again ordered to active duty for training on 5 December 2001, the date that corresponds to the date entered active duty currently shown on her DD Form 214.

9.  On 15 October 2001, the applicant was reassigned from Company C, 232d Medical Battalion, Fort Sam Houston, to Company G, 232d Medical Battalion.  The effective date of her reassignment was 12 October 2001.

10.  On 29 November 2001, Orders 333-200 were published by Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston, releasing the applicant from Company G, 232d Medical Battalion and attaching her to Eisenhower Army Medical Center Medical Holding Company, Fort Gordon, Georgia.  The purpose of the reassignment and attachment was so that the applicant could continue to receive medical treatment.  The effective date of her attachment to the Eisenhower Army Medical Center Medical Holding Company was 5 December 2001.

11.  A DA Form 4187, Personnel Action, dated 20 December 2001, on file in her official military personnel file shows she was promoted to Private, E-2, with a date of rank and effective date of 1 March 2001.  A second DA Form 4187, dated 9 June 2002, shows she was promoted to Specialist, E-4, with a date of rank and effective date of 1 February 2002.

12.  The applicant was honorably separated for the purpose of temporary disability retirement on 31 May 2005.  On the date of her placement on the temporary disability retired list, the applicant was serving in the rank and pay grade Specialist, E-4.  Item 12.a. (Date Entered AD This Period) shows the date 5 December 2001.  Item 12.c. (Net Active Service This Period) shows the applicant completed 3 years, 5 months, and 26 days net active duty service.  Item 12.d. (Total Prior Active Service) shows the applicant completed 9 months and 29 days total prior active service.  Item 12.e. (Total Prior Inactive Service) shows the applicant completed 4 months and 24 days total prior inactive service.

13.  On 27 October 2006, Orders 300-065 were published by The Adjutant General, State of Georgia, Ellenwood, Georgia, discharging the applicant from the Army National Guard and reassigning her to the USAR Control Group (Reinforcement) with an effective date of 11 September 2006.

14.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  This regulation specifies that a 


DD Form 214 will be prepared for each reserve component Soldier completing IADT that results in the award of an MOS even when the duty period was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted in the GAARNG, with no prior service, on 12 September 2000 and reported for her IADT on 14 November 2000.  The applicant completed her basic training and was reassigned to undergo her advanced training.  The evidence shows she reported to her advanced training site on 9 February 2001.

2.  Orders placed the applicant on IADT for a period of 22 weeks or completion of basic and MOS training.

3.  Item 35 of the applicant's DA Form 2-1 shows the applicant was released from her AIT and returned to her parent unit on 17 July 2001; however, there is no evidence a DD Form 214 was prepared to document the completion of her IADT and her release from this training.  There are no orders in her service personnel records to show that she was ordered to active duty for an additional period of time on or after 17 July 2001.

4.  There is no evidence the applicant's IADT orders were extended or that a new set of orders was published having an effective date of either 17 July 2001 or 5 December 2001.

5.  Orders on file in the applicant's service personnel record show that through a variety of events (attachments, reassignments, reattachments, promotions, etc.) that she continued on active duty from 14 November 2000 through the date of her release from active duty, 31 May 2005, which is shown on her DD Form 214.

6.  Based on the evidence of record, the applicant's request for correction of the date she entered active duty has merit and she is entitled to a correction of Item 12.a. of her DD Form 214 to show she entered active duty on 14 November 2000 and continued on her IADT until 31 May 2005.

7.  Based on this correction, the applicant is also entitled of correction of items 12.c., 12.d. and 12.e. of her DD Form 214.


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.  correcting Item 12.a. of the applicant's DD Form 214 to show she entered her IADT on 14 November 2000;

	b.  correcting Item 12.c. of the applicant's DD Form 214 to show she completed 4 years, 6 months, and 18 days net active duty service; 

   c.  correcting Item 12.d. (Total Prior Active Service) to show the applicant completed 00 months and 00 days total prior active service; and

   d.  correcting Item 12.e. (Total Prior Inactive Service) to show the applicant completed 2 months and 2 days total prior inactive service.




      _______ _   ___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)                                         AR20080017398





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017398



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1