IN THE CASE OF:
BOARD DATE: 6 October 2009
DOCKET NUMBER: AR20090003762
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 to items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 13 September 2003 and 4 December 2008.
2. The applicant states, in effect, that both DD Forms 214 indicate that a DD Form 215 (Correction to DD Form 214) would be issued to provide the missing information in items 12d and 12e; however, no DD Forms 215 were issued.
3. The applicant provides copies of her DD Forms 214 and a U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points 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. Having prior enlisted and commissioned service in the U.S. Army Reserve, the applicant was ordered to active duty on 11 May 2003 to attend the Quartermaster Officer Basic Course. On 13 September 2003, she was released from active duty.
3. Items 12d and 12e on the applicant's DD Form 214 for the period ending
13 September 2003 show the entries "SEE BLOCK #18." Item 18 on this DD Form 214 shows, in pertinent part, the entry, "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION."
4. The applicant entered active duty on 5 December 2005 in an Active Guard Reserve status. On 4 December 2008, she was released from active duty.
5. Items 12d and 12e on the applicant's DD Form 214 for the period ending
4 December 2008 show the entries "SEE BLOCK #18." Item 18 on this DD Form 214 shows, in pertinent part, the entry, "DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION."
6. In support of her claim, the applicant provided a U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, dated
2 October 2008.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that total prior active service and total prior inactive service will be taken from previously-issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
Since the applicants records are not complete the U.S. Army Human Resources Command, St. Louis, MO should review the applicants entire records and calculate her prior active and inactive service. Any corrections to items 12d and 12e should then be made, if necessary, to her DD Forms 214 for the periods ending 13 September 2003 and 4 December 2008.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ _____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be:
a. reviewed by the U.S. Army Human Resources Command, St. Louis, to calculate her prior active and inactive service as of 13 September 2003 and as of 4 December 2008; and
b. make any necessary corrections to items 12d and 12e on her DD Forms 214 for the periods ending 13 September 2003 and 4 December 2008.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending items 12d and 12e on her DD Forms 214 for the periods ending 13 September 2003 and
4 December 2008 without her service being first calculated by the U. S. Army Human Resources Command, St. Louis.
_______ _ 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) AR20090003762
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ABCMR Record of Proceedings (cont) AR20090003762
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