BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090005138
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 correction of the date entered active duty this period and net active service this period that are shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he entered active duty this period, on
27 March 2005, and he was separated on 2 August 2005. He only completed
4 months and 6 days of net active service during this period. However, his DD Form 214 shows he entered active duty this period on 8 October 1993 and he completed 11 years, 9 months, and 25 days of net active service. He adds that if he uses this incorrectly prepared DD Form 214 it could result in him receiving Government benefits that he does not deserve.
3. The applicant provides, in support of his application, copies of his Active Duty for Training (ADT) orders, DA Form 1059 (Service School Academic Evaluation Report), and DD Form 214.
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 enlisted in the U.S. Army Reserve (USAR) for a period of
8 years on 27 May 1993.
3. A DD Form 214 shows the applicant entered active duty on 8 October 1993 and he was honorably released and transferred to the Minnesota Army National Guard (ARNG), on 7 October 1996, based on completion of required active service. At the time he had completed 3 years of net active service this period.
4. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the ARNG on 8 October 1996 and he was honorably discharged on 23 March 2001. At the time he had completed 4 years, 5 months, and 16 days of net service this period; 3 years of prior active Federal service; and 7 years, 5 months, and 16 days of total service for pay.
5. The applicant enlisted in the USAR for a period of 3 years on 24 March 2001.
6. A DD Form 214 shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 25 February 2003. He was honorably released from active duty, on 23 July 2004, based on completion of required active service and transferred to a USAR Troop Program Unit (TPU). At the time he had completed 1 year, 4 months, and 29 days of net active service this period. He had also completed 3 years of total prior active service and 6 years, 4 months, and 17 days of total prior inactive service.
7. On 24 July 2004, the applicant was appointed as a Reserve commissioned officer of the Army.
8. In support of his application, the applicant provides the following documents:
a. Headquarters, U.S. Army Human Resources Command, St. Louis, Missouri, Orders T-03-502218, dated 1 March 2005, show the applicant was ordered to ADT for a period of 129 days plus allowable travel time on 27 March 2005 to attend the Engineer Officer Basic Course while attached to the
554th Engineer Battalion, Fort Leonard Wood, Missouri.
b. A Service School Academic Evaluation Report for the period 28 March through 2 August 2005 shows the applicant completed the resident Engineer Officer Basic Course (from 28 March through 2 August 2005) at the U.S. Army Engineer School, Fort Leonard Wood, Missouri.
c. A DD Form 214 that shows in block 12 (Record of Service) the following:
(1) block a (Date entered AD [Active Duty] This Period) the entry
"1993 10 08";
(2) block b (Separation Date This Period) the entry "2005 08 02";
(3) block c (Net Active Service This Period) the entry "0011 09 25":
(4) block d (Total Prior Active Service) the entry "SEE BLOCK #18";
(5) block e (Total Prior Inactive Service) the entry "SEE BLOCK #18"; and
(6) Block 18 (Remarks), in pertinent part, contains the entry //SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER'S AFFIDAVIT// DD FORM 215 WILL BE ISSUED TO PROVIDE MISSING INFORMATION//.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ERB/ ORB), separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.
10. Army Regulation 635-5, paragraph 2-4 (Completing the DD Form 214) of the Separation Documents regulation contains item-by-item instructions for completing the DD Form 214. The instructions for block 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based upon the information contained herein:
a. Block a (Date Entered Active Duty This Period) states to 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.
b. Block b (Separation Date This Period) states to enter the Soldier's transition date.
c. Block c (Net Active Service This Period) states to enter the amount of service this period (subtract 12a from 12b). Lost time under Title 10, U.S. Code, section 972, and non-creditable time after expiration term of service, if any, will be deducted.
d. Block d (Total Prior Active Service) states from previously issued
DD Forms 214, enter total amount of prior active military service less lost time, if any. If not applicable, enter "0000 00 00."
e. Block e (Total Prior Inactive Service) states from previously issued
DD Forms 214 and/or enlisted record brief/officer record brief, enter the total amount of prior inactive service, less lost time, if any. Delayed Entry Program time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block. However, it is creditable service for completing the statutory military service obligation, and will be entered in block 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his 2 August 2005 DD Form 214 should be corrected to show he entered active duty this period on 27 March 2005 and that he completed 4 months and 6 days of net active service during this period.
2. The applicant was issued a DD Form 214 for the period of active duty from
8 October 1993 through 7 October 1996. The applicant was also issued a
DD Form 214 for the period he was ordered to active duty from 25 February 2003 through 23 July 2004.
3. The applicant was ordered to ADT on 27 March 2005 and he attended the Engineer Officer Basic Course from 28 March through 2 August 2005. Thus, the evidence of record supports the applicant's contention that the date shown in block 12a of his 2 August 2005 DD Form 214 is in error and should be corrected to show he entered active duty this period on 27 March 2005:
a. A service computation for the period from 27 March through 2 August 2005 shows this service equals 4 months and 6 days of net active service. Therefore, block 12c of his 2 August 2005 DD Form 214 should also be corrected.
b. Records show the applicant completed 3 years of prior active service from
8 October 1993 through 7 October 1996 and 1 year, 4 months, and 29 days of prior active service from 25 February 2003 through 23 July 2004. The sum of these two periods of active service equals 4 years, 4 months, and 29 days. Therefore, it would be appropriate to correct block 12d of his 2 August 2005 DD Form 214 to show this total prior active service.
c. Records show the applicant completed 4 years, 5 months, and 16 days of prior inactive service from 8 October 1996 through 23 March 2001 and 1 year,
11 months, and 1 day of prior inactive service from 24 March 2001 through
24 February 2003. This service equals 6 years, 4 months, and 17 days of prior inactive service and this total prior inactive service was documented at the time the applicant was issued his 23 July 2004 DD Form 214.
(1) Records show the applicant served in a USAR TPU from 24 July 2004 through 26 March 2005. A service computation for this period of inactive service equals 8 months and 3 days.
(2) The sum of the applicant's periods of prior inactive service equals
7 years and 20 days. Therefore, it would be appropriate to correct block 12e of his 2 August 2005 DD Form 214 to show this total prior inactive service.
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 amending his 2 August 2005 DD Form 214 by:
a. deleting from block 12a "1993 10 08" and entering "2005 03 27";
b. deleting from block 12c "0011 09 25" and entering "0000 04 06";
c. deleting from block 12d the entry "SEE BLOCK #18" and entering
"0004 04 29"; and
d. deleting from bock 12e the entry "SEE BLOCK #18" and entering
"0007 00 20."
_______ _ __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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