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 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. 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 applicants 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 applicants 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 applicants 2004 DD Form 214 are incorrect.
2. The evidence shows that following the applicants 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 applicants 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 applicants
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
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ABCMR Record of Proceedings (cont) AR20080018243
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