IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080018870
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 6 (Reserve Obligation Termination Date) of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 March 2006.
2. The applicant states, in effect, that the expiration of her Reserve obligation is in fact 23 June 2010, not 16 January 2011, as is currently listed in Item 6 of her DD Form 214.
3. The applicant provides her Reserve Record 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 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's record shows that on 24 June 2002, she initially enlisted in the Delayed Entry Program (DEP) of the United States Army Reserve (USAR) for
8 years, in the rank of specialist (SPC). On 18 July 2002, she was discharged from the DEP and enlisted in the Regular Army (RA) for 3 years.
3. On 16 January 2003, she was honorably discharged, in the rank of sergeant, for the purpose of accepting a commission. The DD Form 214 she was issued at the time listed her military service obligation (MSO) termination dated as 23 June 2010 in Item 6.
4. On 17 January 2003, the applicant was appointed a second lieutenant (2LT) and entered active duty in that status. She remained on active duty in that status for 3 years, 1 month and 15 days until 1 March 2006, at which time she was honorably released from active duty (REFRAD), in the rank of first lieutenant (1LT) and transferred to the USAR Control Group (Reinforcement). The
DD Form 214 she was issued at this time lists her MSO termination date as
16 January 2011 in Item 6.
5. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) defines Army National Guard of the United States (ARNGUS) and USAR service obligations. It prescribes policies and procedures governing the various types of service obligations and participation requirements. Chapter 2 contains guidance on service obligations and paragraph 2-1 defines the statutory obligation. It states, in pertinent part, that the statutory MSO is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment. For all Soldiers who enter on and after 1 June 1984, the MSO is 8 years. The statutory obligation can be terminated by the Army prior to its fulfillment. Separation due to discharge, dismissal, or being dropped from the rolls of the Army terminates a Soldier's statutory obligation. The statutory obligation is not terminated, however, when the Soldier is separated for immediate reentry into the same or another military status. This includes an officer training program in which the Soldier has military status.
6. 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. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparation of the DD Form 214. The instructions for completing Item 6 state, in pertinent part, that the military service obligation (MSO) starts on the date of initial enlistment or appointment in the RA, ARNG, or USAR, to include the DEP.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entry in Item 6 of her DD Form 214, dated 1 March 2006, should be corrected to show the date 23 June 2010 vice
16 January 2011 was carefully considered and found to have merit.
2. By regulation, the MSO for Soldiers who entered on and after 1 June 1984 is 8 years and this date starts from date of initial enlistment or appointment in the RA, ARNG, or USAR, to include the DEP. The evidence of record confirms the applicant initially enlisted in the DEP on 24 June 2002, which established her statutory MSO as 23 June 2010. Therefore, it would be appropriate to correct Item 6 of her 1 March 2006 DD Form 214 accordingly.
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 Item 6 of her 1 March 2006 DD Form 214 by deleting the current entry and replacing it with the entry "20100623"; and by providing her a correction to her separation document that includes this change.
_______ _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) AR20080018870
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018870
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017902
The applicant's military records show she enlisted in the U.S. Army Reserve (USAR) DEP in pay grade E-1 on 26 September 2003 for 8 years and was released from the DEP on 13 July 2004. The evidence of record shows the applicant enlisted in the DEP on 26 September 2003 for a period of 8 years and incurred an MSO until 25 September 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending item 6 of the applicant's...
ARMY | BCMR | CY2011 | 20110020456
The applicant requests the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) that she executed on 3 February 2010 be voided and removed from her military service records. The applicant and a commissioned officer signed the document on 3 February 2010. d. Two email messages that show: (1) On 15 September 2011, an Army official indicated that the applicant: * was not authorized an affiliation bonus because she was required to reenlist for 1 year upon assignment and failed to do...
ARMY | BCMR | CY2008 | 20080006556
The applicant provided the following additional documentary evidence in support of her application: a. DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 15 May 2007 (DCARNG Enlistment); b. DD Form 3540-R (Certificate of Acknowledgement of U.S. Army Reserve Service Requirements and Method of Fulfillment), dated 20 October 2006; c. Undated Written Agreement - Enlisted Affiliation Bonus; d. DA Form 5691-R (Request for Reserve Component Assignment Orders),...
ARMY | BCMR | CY2010 | 20100011684
The applicant requests that item 6 (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) effective 1 February 2007 be corrected. 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. The applicant requests that his Reserve Military...
ARMY | BCMR | CY2010 | 20100000931
The applicant provides copies of the following documents: * DD Form 214, dated 29 October 2008 * DD Form 4 (Enlistment/Reenlistment Document), dated 30 October 2003 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 20 June 2003 * Permanent Orders 317-043, dated 13 November 2005 CONSIDERATION OF EVIDENCE: 1. Item 10a (Military Service Obligation) of his DD Form 4 contains the statement: "If this is my initial enlistment, I must serve a total of eight...
ARMY | BCMR | CY2010 | 20100014267
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 April 2007 to show 12 March 2011 [20110312] in item 6 (Reserve Obligation Termination Date). The applicant's military records show she enlisted in the Delayed Entry Program (DEP) on 13 March 2003, enlisted in the Regular Army on 29 April 2003, and served 4 years in the Regular Army. Army Regulation 135-91 (Army National Guard and Army Reserve Service...
ARMY | BCMR | CY2009 | 20090015119
On 6 January 2009, she requested separation under the provisions of Army Regulation 635-200, paragraph 8-1, by reason of pregnancy with a desired separation date of 1 April 2009. She may request a specific separation date; however, the separation authority and her military physician will determine the separation date. With respect to medical disability, the evidence of record shows she suffered some illnesses during her military service and was seen by medical personnel.
ARMY | BCMR | CY2008 | 20080004354
The evidence of record shows that the applicant was discharged from the ILARNG on 16 April 2003 and subsequently enlisted in the Regular Army on 17 April 2003: a. in order to credit the applicant with her IADT from 4 June 2002 to 16 August 2002, recorded on the DD Form 220, her date entered on active duty this period was adjusted to account for those days and is therefore correctly shown as 2003 02 04 and requires no further action; b. she was released from active duty on 16 April 2007. ...
ARMY | BCMR | CY2009 | 20090001635
The applicant's records further show she was ordered to initial active duty for training (IADT) on 14 May 1982. The evidence of record shows that the applicant enlisted in the USAR on 24 March 1982. Therefore, the termination date of her military service (6 years from the date she enlisted in the USAR) is correctly shown on her DD Form 214.
ARMY | BCMR | CY2006 | 20060013131C071029
The Army Senior ROTC Scholarship Cadet Contract entered into by the applicant on 5 December 1994, specified, in Item 3-d, that the applicant would be obligated to serve two, three, or four years on active duty as a commissioned officer in the United States Army as prescribed by relevant Army regulations based on the needs of the Army, followed by service in the Reserve Components (RC) until the remainder of her 8-year MSO had been served. On 7 January 2001, upon completion of 4 years and 1...