DOCKET NUMBER: AR20090003398
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of her reenlistments.
2. The applicant states, in effect, that the Department of Veterans Affairs (VA) is questioning her periods of service.
3. The applicant provides no additional documentation in support of her 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. On 8 January 1998, the applicant enlisted in the United States Army Reserve for 8 years. On 22 June 1998, she enlisted in the Regular Army for a period of
4 years.
3. On 1 October 2000, the applicant was promoted to specialist, pay grade E-4.
4. On 10 January 2002, the applicant reenlisted in the Regular Army for 2 years. There is no available evidence showing that this period of active duty service was extended beyond 9 January 2004; however, she may have been involuntarily extended under the STOP LOSS program.
5. On 1 October 2004, the applicant was promoted to sergeant, pay grade E-5.
6. On 24 November 2004, the applicant reenlisted in the Regular Army for
4 years.
7. On 9 December 2005, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c (2) due to misconduct (drug abuse). She had completed 7 years, 5 months, and 18 days of creditable active duty service.
8. Item 18 (Remarks) of the applicant's DD Form 214 states, in part: "Continuous honorable active duty service: 1998/06/22 - 2004/11/23// Immediate reenlistments this period -- 1998/06/22 - 2002/01/09, 2002/01/10 - 2004/11/23." It does not show the applicant's last period of reenlistment from 2004/11/24 through 2005/12/09.
9. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that Item 18 for enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214 will show "Immediate Reenlistments this Period" (specify dates). However, for Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except "Honorable," enter "Continuous Honorable Active Service from" (first day of service which DD Form 214 was not issued) until (date before commencement of current enlistment). Then enter the specific periods of reenlistments.
10. Army Regulation 15-185 (Army Board for Correction of Military Records) the regulation that governs the Boards operation requires a presumption of regularity unless the applicant can provide evidence to overcome that presumption.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 does not show all of her reenlistments.
2. The evidence of record shows that the applicant enlisted for a period of
2 years commencing on 10 January 2002. However, there is no available documentation showing that this period of service was extended from
10 January to 23 November 2004.
3. The evidence of record further shows that the applicant was promoted to sergeant on 1 October 2004 and that she subsequently reenlisted on
24 November 2004 for a period of 4 years.
4. In view of the above, it is presumed that the applicant was properly retained on active duty during the period from 10 January to 23 November 2004 and then reenlisted in the Regular Army. Accordingly, Item 18 (Remarks) of her DD Form 214 should be corrected to add her last period of reenlistment from 2004/11/24 through 2005/12/09.
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 18 of her DD Form 214: Immediate reenlistments this period -- 1998/06/22 - 2002/01/09, 2002/01/10 - 2004/11/23; and
b. adding to Item 18 of her DD Form 214: Immediate reenlistments this period -- 1998/06/22 - 2002/01/09, 2002/01/10 - 2004/11/23, 2004/11/24 through 2005/12/09.
_______ _ _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.
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