IN THE CASE OF:	  

		BOARD DATE:	  14 May 2009

		DOCKET NUMBER:  AR20080019921 


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 he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the periods of active service from 23 September 2005 to 31 January 2006 and from 1 February 2006 to 30 July 2006.

2.  The applicant states, in effect, that his DD Form 214 with an effective date of 30 April 2008 does not include his continuous active service since 23 September 2005.  He states he was not issued a DD Form 214 when his active duty orders were rescinded on 31 January 2006 and expired on 30 July 2006.

3.  The applicant provides eight pages of excerpts from his official military personnel file in support of his 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.  After having served in an enlisted status in the Army National Guard, the 
U.S. Marine Corps, and the U.S. Marine Corps Reserve (with two breaks in service) the applicant was appointed a second lieutenant in the Connecticut Army National Guard (CTARNG) on 26 June 1982.  He was separated from the CTARNG on 25 February 1983 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He served continuously in the USAR until his retirement.

3.  The applicant entered a period of active duty on 21 January 2003 and was released from active duty on 22 September 2005 by reason of his completion of required active service.  A DD Form 214 was issued by Fort Benning, GA for this period of active service.

4.  U.S. Army Human Resources Command, Alexandria, VA (HRC-ALEX) Orders A-09-519694, dated 22 September 2005, ordered the applicant to active duty to report 23 September 2005 for 2 years, 5 months, and 8 days with an end date of 29 February 2008.  The purpose indicated in the orders was "to obtain 20 years of active Federal Service under the extended active duty (EAD) Sanctuary Program with duty as instructor."

5.  HRC-ALEX Orders A-09-519694R, dated 27 September 2005, revoked HRC-ALEX Orders A-09-519694, dated 22 September 2005.

6.  HRC-ALEX Orders A-09-520102, dated 27 September 2005, ordered the applicant to active duty to report 23 September 2005, for 2 years, 5 months, and 8 days with an end date of 29 February 2008.  The purpose indicated in the orders was "to obtain 20 years of active Federal service under the extended active duty (EAD) Sanctuary Program with duty as instructor."

7.  HRC-ALEX Orders A-09-520102R, dated 31 January 2006, rescinded the unexecuted portion of HRC-ALEX Orders A-09-520102, dated 27 September 2005 effective 31 January 2006.  The applicant's OMPF does not contain a 
DD Form 214 for the period of active duty from 23 September 2005 to 
31 January 2006.

8.  HRC-ALEX Orders A-01-602476, dated 31 January 2006, ordered the applicant to active duty to report 1 February 2006 for 6 months with an end date of 30 July 2006.  The purpose indicated in the orders was "to fulfill active duty requirement under the extended active duty (EAD) program working as instructor."  The applicant's OMPF does not contain a DD Form 214 for the period of active duty from 1 February 2006 to 30 July 2006.

9.  HRC-ALEX Orders A-04-608052, dated 4 April 2006, ordered the applicant to active duty to report 31 July 2006 for 1 year and 7 months with an end date of 
29 February 2008.  The purpose indicated in the orders was "to obtain 20 years of active Federal service under the extended active duty (EAD) Sanctuary Program with duty as instructor."

10.  HRC-ALEX Orders A-04-608052R, dated 7 November 2006, rescinded the unexecuted portion of HRC-ALEX Orders A-04-608052, dated 4 April 2006, effective 12 November 2006.  The applicant's OMPF does not contain a 
DD Form 214 for the period of active duty from 31 July 2006 to 12 November 2006.

11.  HRC-ALEX Orders A-11-628125, dated 7 November 2006, ordered the applicant to active duty to report 13 November 2006 for 1 year, 3 months, and 
17 days with an end dated of 29 February 2008.  The purpose indicated in the orders was "to obtain 20 years of active Federal service under the extended active duty (EAD) Sanctuary Program."

12.  HRC-ALEX orders A-11-628125A01, dated 18 December 2007, amended the end date of HRC-ALEX Orders A-11-628125, dated 7 November 2006 to read 30 April 2008.

13.  On 30 April 2008, the applicant was released from active duty by reason of completion of sufficient service for retirement.  Item 12a (Date Entered AD [active duty] This Period) of his DD Form 214 contains the entry 2006 07 31 (2006 July 31).  Item 12c (Net Active Service This Period) contains the entry 0001 09 00 
(1 year, 9 months, and zero days).

14.  Paragraph 2-1 of Army Regulation 635-5 (Separation Documents) provides that Reserve Component Soldiers who are entering on extended active duty for a specific period of time and are retained beyond their initial contractual release date without a break in active duty will not be issued a DD Form 214 until their release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  Under the provisions of Army Regulation 635-5 separate DD Forms 214 are not issued when the period of active service is continuous.  The applicant's active duty from 23 September 2005, in spite of multiple revocations and reissuance of orders to active duty, was continuous through 30 April 2008.   Therefore, the regulation does not provide for the issuance of additional DD Forms 214.

2.  The applicant's DD Form 214 issued on 30 April 2008 should have covered the entire period of continuous active service from 23 September 2005 to 30 April 2008 and the DD Form 214 should indicate 2 years, 7 months, and 8 days of net active service during the period.

3.  Therefore, in view of the above, item 12a of the applicant's DD Form 214 should be corrected to read 2005 09 23 (2005 September 23) and item 12c should be corrected to show 0002 07 08 (2 years, 7 months, and 8 days).

4.  Items 12d (Total Prior Active Service) and item 12e (Total Prior Inactive Service) should be recomputed based on the above corrections.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the following items of the applicant's DD Form 214 with a separation date of 30 April 2008:

	a.  correct item 12a to read 2005 09 23 instead of 2006 07 31; and

	b.  correct item 12c to read 0002 07 08 instead of 0001 09 00.

2.  The Board also recommends that the entries for items 12d and 12e be recomputed based on the above corrections.



3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the issuance of two additional
DD Forms 214.  




      _______ _   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)                                         AR20080019921





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ABCMR Record of Proceedings (cont)                                         AR20080019921



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