IN THE CASE OF:	

		BOARD DATE:	17 September 2009  

		DOCKET NUMBER:  AR20090011343 


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 that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his prior warrant officer service from 17 December 1993 through 29 May 1996.

2.  The applicant states that he served as a Regular Army (RA) active duty enlisted member, then as an active duty warrant officer, and finally as an active duty commissioned officer.  He contends that he had no breaks in service.  He goes on to state that at the completion of RA Officer Candidate School (OCS) at Fort Benning, GA he was not issued a DD Form 214 for his previous warrant officer service.  He was told this was because he was already an officer.  This mistake was discovered at Fort Campbell, KY when he was being released from active duty in 1999 but they could not do anything there to rectify the issue.

3.  The applicant provides a copy of a DD Form 214 for his enlisted service for the period 13 August 1993 through 16 December 1993; a DD Form 214 for his commissioned officer service for the period 30 May 1996 through 29 May 1999; a National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement), prepared on 12 July 2007; and a DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes), dated 6 May 2009 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 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's enlistment contract shows he enlisted in the RA on 13 August 1993 for a period of 3 years.  A DA Form 3286-65 (Statement for Enlistment - U.S. Army Officer Enlistment Program), dated 13 August 1993, shows the applicant enlisted for Warrant Officer Flight Training and acknowledged that he would be required to serve on active duty for not less than 72 months upon his appointment as a warrant officer.  

3.  The applicant’s DD Form 214 for the period ending 16 December 1993 shows that he entered active duty on 13 August 1993.  Item 8a (Last Duty Assignment and Major Command) shows the entry "1st Warrant Officer Company TRADOC TC" and item 8b (Station Where Separated) shows the entry "Fort Rucker Alabama."  He was discharged under the provisions of Army Regulation 635-200, chapter 16 (Selected Changes in Service Obligations), paragraph 16-1a(1) or (2) for the purpose of accepting commission or warrant in the Army.  At the time of his discharge he completed 4 months and 4 days of active service this period and he had a total of 7 years and 11 months of prior active service.

4.  The applicant was appointed as a warrant officer in the U.S. Army Reserve (USAR) and he entered active duty on 17 December 1993.    

5.  The available records do not contain a DD Form 214 for the period covering 17 December 1993 through 29 May 1996.

6.  The applicant was appointed a second lieutenant in the USAR on 30 May 1996.  



7.  The applicant's DD Form 214 for the period ending 29 May 1999 shows he entered active duty this period on 30 May 1996 and he was released from active 
duty on 29 May 1999 by reason of completion of required active service.  Item 12d (Total Prior Active Service) on this DD Form 214 shows he had 11 years,
6 months, and 9 days of total prior active service.

8.  In support of his claim, the applicant provided an NGB Form 23B and a DA Form 1506 which show he was on active duty during the period 17 December 1993 through 29 May 1996 in a warrant officer status.

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states, in pertinent part, that a DD Form 214 will be prepared for enlisted Soldiers discharged to continue on active duty as commissioned or warrant officers, or warrant officers terminating warrant status to continue on active duty as commissioned officers.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was appointed as a warrant officer in the USAR and he entered active duty on 17 December 1993.  It appears that he was honorably released from active duty on 29 May 1996 to accept a commission in the Army.  There is no DD Form 214 of record for this period of active duty.  Since the governing regulation states that a DD Form 214 will be prepared for warrant officers terminating status to continue on active duty as commissioned officers, it would be appropriate to issue the applicant a DD Form 214 for the period 17 December 1993 through 29 May 1996.

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 issuing him a DD Form 214 for the period 17 December 1993 through 29 May 1996 while serving as a USAR warrant officer.



      _______ _   _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)                                         AR20090011343



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ABCMR Record of Proceedings (cont)                                         AR20090011343



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