IN THE CASE OF:
BOARD DATE: 14 May 2009
DOCKET NUMBER: AR20080019293
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 entry date listed in Item 12a (Date Entered AD This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show 6 June 1985.
2. The applicant states, in effect, she joined the military on 6 June 1985, not 1986 as indicated on her DD Form 214.
3. The applicant provides her DD Form 214 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 contains a DD Form 4 (Enlistment Record) that shows she enlisted in the United States Army Reserve (USAR) for 8 years on 4 April 1985. A DD Form 220 (Active Duty Report), dated 7 August 1985, confirms the applicant served on active duty at Fort Jackson, South Carolina, for 2 months and 2 days, from 5 June 1985 through 7 August 1985, due to completion of the basic training phase1 portion of her split Initial Active Duty Training (IADT).
3. Milwaukee Military Entrance Processing Station (MEPS) Orders 120-6, dated 12 June 1985, ordered the applicant to the advanced individual training (AIT) phase II portion of her IADT with a reporting date of 12 June 1986 to Fort Jackson, South Carolina.
4. On 16 August 1986, the applicant completed AIT in military occupational specialty (MOS) 94B (Food Service Specialist) and was released from active duty (REFRAD) and returned to her USAR unit. The DD Form 214 she was issued at the time confirms she completed 2 months and 6 days on the current period of active duty service and 2 months and 2 days of prior active duty service.
5. 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. Paragraph 2-1 contains guidance on preparing the DD Form 214 and states, in pertinent part, that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers who complete 90 days of continuous active duty service, or Reserve component (RC) Soldiers completing IADT that results in the award of a MOS even if less than 90 days. This includes completion of AIT under Army National Guard Alternate Training Program or USAR Split Training Program. Paragraph 2-4 contains guidance on completing the DD Form 214. The instructions for completing Item 12a state to enter the beginning date of the continuous period of active duty. The instructions for Item 12c (Net Service This Period) state to enter the amount of service this period, which is computed by subtracting item 12a from 12b. The instructions for Item 12d (Total Prior Active Service) state to enter the total amount of prior active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the date entered in Item 12a of her DD Form 214 should be changed to reflect 1985 was carefully considered. However, by regulation, RC Soldiers are issued a DD Form 214 upon completion of
90 days of active duty for training, or upon completion of the AIT portion of split training that results in award of a MOS if less than 60 days.
2. In this case, the applicant's record confirms she completed the AIT portion of her split training that resulted in her being awarded MOS 94B between 11 June and 16 August 1986, which is properly recorded in Items 12a and 12c of her DD Form 214.
3. The applicants record also shows that she completed the basic training portion of her IADT between 5 June and 7 August 1985 which is properly documented on the DD Form 220 on file in her record and in Item 12d of her DD Form 214. As a result, given the DD Form 214 in question accurately reflects the continuous period of active duty service for which it was issued, there is an insufficient evidentiary basis to support granting the requested relief.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20080019293
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ABCMR Record of Proceedings (cont) AR20080019293
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