IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090000176
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 reissued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) based on the information that is contained on his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).
2. The applicant states the error was discovered by a Department of Veterans Affairs representative on 17 December 2008.
3. The applicant provides copies of his DD Form 214 and DD Form 215 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 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 records show he previously served 5 years, 8 months, and 8 days of active service in the Regular Army. On 1 July 1998, he enlisted in the Oklahoma Army National Guard.
3. On 18 September 2003, the applicant was ordered to active duty as a member of his Reserve Component unit to report to home station on 19 September 2003 for a period of active duty not to exceed 365 days with the stated purpose "Operation Enduring Freedom."
4. On 18 September 2004, the applicant was released from active duty. He had completed 1 year of active service that was characterized as honorable.
5. Item 12a (Date Entered AD [Active Duty] This Period) of the applicant's DD Form 214 contained the entry "1992 08 14" (14 August 1992).
6. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 contains the entry "0012 01 05" (12 years, 1 month, and 5 days).
7. Among the awards listed in item 13 of the applicant's DD Form 214 are the Army Reserve Components Achievement Medal (2nd Award) and the Global War on Terrorism Service Medal.
8. The applicant was issued a DD Form 215 correcting the following errors to his DD Form 214: item 12a to read "2003 09 19" (19 September 2003), item 12c to read "0001 00 00" (1 year, 0 months, and 0 days, and item 13 to delete the Army Reserve Components Achievement Medal (2nd Award) and the Global War on Terrorism Service Medal and add the Army Reserve Components Achievement Medal and the Noncommissioned Officer Professional Development Ribbon.
9. Army Regulation 635-5 (Separation Documents) provides that corrections identified in the shaded areas of the DD Form 214 (which includes item 12a and 12c) subsequent to the Soldier's departure from the transition center or the distribution of the DD Form 214 may only be made by issuing a DD Form 215.
10. Army Regulation 635-5 states, in pertinent part, that a DD Form 214 may be reissued only when:
a. directed by proper appellate authority, Executive Order, or by the Secretary of the Army;
b. it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215;
c. two DD Forms 215 have been issued and an additional correction is required; or
d. the character of service is to be changed.
DISCUSSION AND CONCLUSIONS:
1. Upon the applicant's release from active duty he was issued a DD Form 214 that reflected incorrect information in items 12a, 12c, and 13. Based on the time frame involved, it is reasonable to conclude the error was discovered subsequent to the applicant's departure from the transition center. Therefore, the DD Form 215 was issued correcting the entries in items 12a, 12c, and 13 of his DD Form 214.
2. The corrections made to the applicant's DD Form 214 fit in the correction block of a single DD Form 215, more than two DD Form 215's have not been issued, and the applicant's character of service is not being changed. Therefore, it is not appropriate to reissue a DD Form 214.
3. The applicant is reminded to ensure that a copy of the DD Form 215 he was issued is attached to all copies of his DD Form 214.
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 that 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) AR20090000176
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090000176
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