BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090010752
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 block 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "2001 05 11."
2. The applicant states, in effect, that he entered active duty on 11 May 2001 instead of 10 July 2001.
3. The applicant provides, in support of his application, a copy of his DA Form 71 (Oath of Office-Military Personnel), dated 12 May 2001; a copy of his DD Form 214; and a copy of his ARPC Form 249E (U.S. Army Reserve (USAR) Chronological Statement of Retirement Points), dated 22 June 2009.
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 12 May 2001, the applicant took an oath of office as a Reserve commissioned officer and he completed a DA Form 71.
3. His DD Form 214 shows he served on active duty from 10 July 2001 to
10 July 2005 for a period of 4 years and 1 day of net active service this period.
4. The ARPC Form 249E that the applicant submitted to substantiate his request shows that he served in a Reserve status from 12 May to 9 July 2001, that he earned "0000" inactive duty and active duty points, and that he only earned only 2 membership points.
5. The same form also shows that from 10 July 2001 through 10 July 2005 he was on active duty as a Regular Army (RA) officer.
6. 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 block 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he entered active duty on 11 May 2001 rather than on
10 July 2001.
2. There is no available evidence and the applicant did not provide any evidence to corroborate his contention that he served on active duty prior to 10 July 2001.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x_____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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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