Search Decisions

Decision Text

ARMY | BCMR | CY2008 | AR20080018243
Original file (AR20080018243.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        2 APRIL 2009

		DOCKET NUMBER:  AR20080018243 


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 that item 12a (date entered AD [active duty] this period) on her 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect 1996 vice 12 October 1994.

2.  The applicant states she does not remember the exact date of her enlistment but notes it was in 1996, not 1994.  She states, in effect, that her first enlistment was in 1991 and she served until 1993 and that her second enlistment was in 1996 and she served until 2004.

3.  The applicant provides copies of her DD Forms 214, issued in 1993 and 2004.

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.  Records available to the Board indicate the applicant served an initial period of active duty totaling 1 year, 9 months, and 13 days, between 4 November 1991 and 16 August 1993.  A DD Form 214 was issued capturing this period of active service.

3.  Following the applicant’s 1993 release from active duty, she continued her military service as a member of the United States Army Reserve.  On 22 March 1994 she enlisted in the Texas Army National Guard and remained a member of that organization until 5 September 1996 when she was discharged for the purpose of enlisting in the Regular Army.  At the time of her 1996 discharge from the Army National Guard, she had accumulated a total of 3 years and 19 days of inactive or Reserve component service.

4.  On 6 September 1996 the applicant enlisted in the Regular Army for a period of 4 years.  Through a series of extension to her original 1996 enlistment contract, the applicant’s separation date was established as 5 April 2004.

5.  On 5 April 2004, after 7 years and 7 months of continuous active duty, the applicant was honorably discharged at the completion of her required active service.  Item 12a on her April 2004 DD Form 214 shows an entry date of         12 October 1994, while item 12c (net active service this period) shows 9 years,   5 months, and 24 days of active duty and item 12e (total prior inactive service) reflects no prior inactive service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that items 12a, 12c, and 12e, on the applicant’s 2004 DD Form 214 are incorrect.  

2.  The evidence shows that following the applicant’s initial period of active duty between 1991 and 1993 she served in the United States Army Reserve and Army National Guard before returning to active duty as a Regular Army Soldier on 6 September 1996.  She served 7 years and 7 months of active duty during her second period of Regular Army service and accumulated 3 years and          19 days of inactive service between her two periods of Regular Army service.

3.  In view of the foregoing, it would be appropriate to correct item 12a on the applicant’s 2004 DD Form 214 to show 1996-09-06, item 12c to reflect 
0007-07-00, and item 12e to reflect 0003-00-19.





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.  deleting the entries that are in items 12a, 12c and 12e of the applicant’s 
DD Form 214, issued in 2004;

b. adding 1996-09-06 to item 12a;

c. adding 0007-07-00 to item 12c; and

d. adding 0003-00-19 to item 12e. 




      _______ _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)                                         AR20080018243



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080018243



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080007664

    Original file (20080007664.txt) Auto-classification: Approved

    The applicant requests, in effect, that item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 June 2004 be corrected to show 11 years and 19 days and that item 12e (Total Prior Inactive Service) on this DD Form 214 be corrected. The applicant provides enlistment contracts; a DD Form 214 for the period ending 8 March 1989; a DA Form 1059 (Service School Academic Evaluation Report); a DD Form 214 for the period...

  • ARMY | BCMR | CY2012 | 20120000026

    Original file (20120000026.txt) Auto-classification: Approved

    The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 1993 and 8 May 2000, as follows: * Item 12d (Total Prior Active Service) * Item 12e (Total Prior Inactive Service) * Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) * Army Good Conduct Medal (2nd Award) * Army Reserve Components Achievement Medal 2. The applicant provides: * 1993 and 2000 DD Forms 214 *...

  • ARMY | BCMR | CY2008 | 20080019473

    Original file (20080019473.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to Item 12d (Total Prior Active Service) and Item 12e (Total Prior Inactive Service) of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), for the period ending 6 December 1996. The applicant's records contain a DD Form 214 for the period ending 17 February 1993 that shows he was released from active duty at the completion of his required training effective that date and transferred to a USAR unit. The evidence of record...

  • ARMY | BCMR | CY2012 | 20120005137

    Original file (20120005137.txt) Auto-classification: Approved

    Her DD Form 214 for this period of service shows she completed 4 months and 19 days of creditable active service. The DD Form 214 she was issued at the time shows in: * Item 12a (Date entered active duty this period) – "2000 02 11" * Item 12b (Separation Date this Period) – "2004 01 20" * Item 12c (Net Active Service this Period) – "0003 11 10” * Item 12d – "SEE BLOCK #18" * Item 12e – "SEE BLOCK #18" * Item 18 – the following entries: * SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND...

  • ARMY | BCMR | CY2014 | 20140005084

    Original file (20140005084.txt) Auto-classification: Approved

    However, this form also shows in: * item 12a (Entered Active Duty This Period): "1996-11-05" * item 12b (Separation Date This Period): "2003-12-12" * item 12c (Net Active Service This Period): "0007-01-08" * item 12d (Total Prior Active Service): "0000-00-00" * item 12e (Total Prior Inactive Service): "0000-00-00" * item 12f (Foreign Service): "0000-09-07" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): "National Defense Service Medal//Army...

  • ARMY | BCMR | CY2010 | 20100021373

    Original file (20100021373.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2009 | 20090017715

    Original file (20090017715.txt) Auto-classification: Approved

    The applicant provides the following documents: a. a DD Form 214 with a separation date of 2 June 2003, b. a DD Form 214 with a separation date of 7 June 1991, c. a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) dated 23 July 1996, and d. an excerpt from his DA Form 2-1 (Personnel Qualification Record). Based on the available evidence, the applicant's date he entered active duty in the Regular Army for his second enlistment period was on 23 July 1996. As a...

  • ARMY | BCMR | CY2006 | 20060007676

    Original file (20060007676.txt) Auto-classification: Approved

    The applicant requests, in effect, Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 October 2003 be corrected to show his deployments to Bosnia. In a telephone conversation with the staff of the Army Board for Corrections for Military Records (ABCMR) on 30 January 2007, the applicant amended his application to include a request for correction of Item 12a (Date entered AD This Period) on his DD Form 214 to read...

  • ARMY | BCMR | CY2009 | 20090013654

    Original file (20090013654.txt) Auto-classification: Approved

    His final DD Form 214 shows the following information in the block indicated: 7a (Place of Entry Into Active Duty) "HAAF, GA;" 12a, (Date Entered Active Duty) "1990 01 16; 12b (Separation date This Period) "1998 10 19; 12c (Net Active Service This Period) "0008 09 04;" 12d (Total Prior Active Service) "0000 00 00;" 12e (Total Prior Inactive Service) "0000 04 14" 10. He is correct that the period from 12 April 1994 until he was placed on the TDRL on 19 October 1998 is 4 years, 6 months and 8...

  • ARMY | BCMR | CY2011 | 20110003023

    Original file (20110003023.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1999 to show in: * Item 12a (Date entered AD this period) the entry 1989 02 09 instead of 1986 02 09 * Item 12c (Net Active Service this period) the entry 0009 11 18 instead of 0012 11 18 * Item 12d (Total Prior Active Service) the entry 0003 00 00 instead of 0003 03 00 2. The applicant provides: * DD Forms 4/1 (Enlistment/Reenlistment Document)...