BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008033
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he entered active duty in May 2002 and served for a period of 9 months.
2. The applicant states that he reported to active duty in May 2002 and served on active duty for 9 months.
3. The applicant provides copies of his DD Form 214 and orders for active duty 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. Orders M-03-200399, U.S. Army Reserve Personnel Command, dated 26 March 2002, ordered the applicant to active duty with a report date no later than 22 April 2002. Orders M-03-20039901, dated 5 April 2002, amended his report date to no later than 25 May 2002.
3. On 25 February 2003, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Individual Ready Reserve).
4. The applicant's DD Form 214 indicates in item 12 (Record of Service) that he entered active duty on 23 December 2002, was released from active duty on 25 February 2003, and completed only 2 months and 3 days of creditable active duty service.
5. The Defense Finance and Accounting Service records show that the applicant served on active duty from 23 May 2002 through 25 February 2003, a period of 9 months and 3 days.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for an entry in item 12a showing the date of entry on active duty, in item 12b showing the date of separation, and in item 12c showing the net active duty served during that particular period of active duty service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he entered active duty in May 2002 and not in December 2002 as shown on his DD Form 214.
2. The evidence of record clearly shows that the applicant entered active duty on 23 May 2002 and served until his release on 25 February 2003, a period of 9 months and 3 days. Therefore, his DD Form 214 should be corrected to show this period of active duty 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:
a. showing in item 12a of his DD Form 214: 23 May 2002; and
b. showing in item 12c of his DD Form 214: 0000 years, 09 months, 03 days.
____________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) AR20090008033
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008033
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014376
The applicant requests that item 12a (Date Entered Active Duty This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 August 2003 be corrected. The applicant states, in effect, that her DD Form 214 for the period ending 9 August 2003 incorrectly reflects the date she entered active duty as 12 February 2000. However, her DD Form 214 for the period ending 9 August 2003 erroneously reflects the date she entered active duty as 12 February...
ARMY | BCMR | CY2006 | 20060007676
The applicant requests, in effect, Item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 October 2003 be corrected to show his deployments to Bosnia. In a telephone conversation with the staff of the Army Board for Corrections for Military Records (ABCMR) on 30 January 2007, the applicant amended his application to include a request for correction of Item 12a (Date entered AD This Period) on his DD Form 214 to read...
ARMY | BCMR | CY2011 | 20110010172
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 November 2009, to show in: * item 12a (Date Entered Active Duty this Period), the date he reentered the Active Guard Reserve (AGR) program under Title 32, U.S. Code (USC) * item 12f (Foreign Service) he completed 4 months and 25 days of foreign service 2. Therefore, item 12 of his DD Form 214 for the period ending 30 November 2009 should be corrected to show he...
ARMY | BCMR | CY2010 | 20100010404
The applicant states item 12a should be corrected to show he entered active duty on 26 May 2002 and item 12c should be corrected to show he completed 4 years, 10 months, and 5 days. Evidence of record shows the applicant entered active duty on 26 May 2002 and he was discharged on 31 March 2007, a total of 4 years, 10 months, and 5 days. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090002017
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. Therefore, item 12c of her DD Form 214 should be corrected to show 2 years and 7 months.
ARMY | BCMR | CY2009 | 20090013418
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of entry on active duty as 27 December 2002 instead of 27 December 2003. The evidence of record shows the applicant was ordered to active duty on 27 December 2002 for a period of 365 days that was later changed to 470 days. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2011 | 20110020114
On 25 April 1980, he reenlisted for a period of 3 years in the rank/grade of specialist four (SP4)/E-4. Therefore, his item 12a of his DD Form 214 should be corrected to show he entered active duty this period on 2 June 1977. Since he was not issued a separate DD Form 214 for his initial period of active duty service, item 12d of his DD Form 214 should also be corrected accordingly.
ARMY | BCMR | CY2014 | 20140008050
The applicant requests correction of his records to show his active service dates for the periods 1 October 2005 through 11 July 2006 and 27 June 2007 through 25 June 2009. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 2 January 2003 through 22 March 2004 * DD Form 214 for the period 27 June 2007 through 16 December 2009 * Indiana Army National Guard Orders 275-307, dated 2 October 2005 * Indiana Army National Guard Orders...
ARMY | BCMR | CY2008 | 20080013919
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected in item 12 (Record of Service). Thus, his Army DD Form 214 should reflect: 12a Date Entered AD This Period 2001 06 18 12b Separation Date This Period 2003 10 22 12c Net Active Service This Period 0002 04 05 12f Foreign Service 0000 05 23 Item 12f (Foreign Service) should reflect the time the applicant spent in Afghanistan from 19 December 2001 through 10 June 2002 (as stated in...
ARMY | BCMR | CY2008 | 20080012268
The applicant requests, in effect, that item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 August 2004 be corrected to show he entered active duty on 3 November 2002. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. There is no evidence of record to show the applicant received a DD Form 214 for his period of...