IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20090002017 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 August 2005 be corrected to show the correct entry date and the total length of service.

2.  The applicant states, in effect, that item 12a (Date Entered Active Duty This Period) of her DD Form 214 for the period ending 1 August 2005 should be corrected to show that she entered active duty on 2 January 2003, and that item 12c (Net Active Service This Period) should be corrected to show 2 years and
7 months of active duty service.

3.  The applicant provides copies of her DD Forms 214 for the periods ending
9 August 2002 and 1 August 2005; a copy of her enlistment orders, Orders
001-07, Baltimore Military Entrance Processing Station (MEPS), Elkridge, MD, dated 2 January 2003; and a copy of her separation orders, Orders 144-0020, Headquarters, I Corps, Fort Lewis, WA, dated 24 May 2005, in support of this 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.  The applicant's records contain a DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) which shows that the applicant initially enlisted U.S. Army Reserve (USAR) on 18 May 2000 for 8 years under the Delayed Entry Program (DEP).  On 9 August 2000, the applicant was discharged from the DEP and enlisted in the Regular Army (RA) on 10 August 2000 for a period of 2 years.

3.  The applicant submitted a DD Form 214 for the period ending 9 August 2002, which shows in item 12a that she initially enlisted in the RA on 10 August 2000, and item 12b (Separation Date This Period) shows that she served until she was honorably released from active duty on 9 August 2002 by reason of completion of required active service and transferred to the USAR Control Group (Reinforcement) to complete her remaining Reserve obligation.  She completed  2 years of net active service this period.

4.  The applicant's records contain a subsequent DD Form 4, which shows that she again enlisted in the RA on 2 January 2003 for a period of 3 years.

5. The applicant submitted a copy of Orders 001-07, published by the Baltimore MEPS, which shows that she enlisted on 2 January 2003 for a period of 3 years.

6.  The applicant submitted a DD Form 214 for the period ending 1 August 2005, which shows in item 12a that she entered active duty on 2 January 2001 and shows in item 12b that she served until she was honorably discharged on
1 August 2005.  Item 12c (Net Active Service This Period) of this DD Form 214 shows that she served on active duty for a total of 4 years and 7 months.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  For item 12b, enter the Soldier's transition date.  The date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.  For item 12c, enter the amount of service this period, computed by subtracting item 12a from item 12b.  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after a Soldier's expiration of term of service (ETS), if any, are deducted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that the date entered active duty in item 12a and the net active service this date entry in item 12b of her DD Form 214 for the period ending 1 August 2005 should be corrected was carefully considered and found to have merit.

2.  The applicant's records show that she enlisted in the RA for the second time on 2 January 2003.  Therefore, item 12a of her DD Form 214 for the period ending 1 August 2005 should be corrected to show this date.

3.  The applicant’s records show that during this period of service she served in an active duty status from 2 January 2003 to 1 August 2005.  A computation of the period of service from 2 January 2003 to 1 August 2005 equates to 2 years and 7 months.  Therefore, item 12c of her DD Form 214 should be corrected to show 2 years and 7 months.

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 from item 12a of the applicant's DD Form 214 for the period ending 1 August 2005 the entry "2001 01 02" and replacing it with the entry "2003 01 03"; and
   
   b.  deleting from item 12c of the applicant's DD Form 214 for the period ending 1 August 2005 the entry "0004 07 00" and replacing it with the entry "0002 07 00."



      ____________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)                                         AR20090002017



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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