IN THE CASE OF:
BOARD DATE: 25 February 2010
DOCKET NUMBER: AR20090013699
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 correctly show all of his service.
2. The applicant states that he joined the U.S. Marine Corps Reserve in 1998; transferred to the U.S. Army Reserve (USAR) to become a Reserve Officers Training Corps (ROTC) cadet; and then served on active duty.
3. The applicant provides, in support of his request, copies of his USAR enlistment documents, various associated personnel documents and his U.S. Marine Corps DD Form 214 from his July 1998 initial active duty for training (IADT).
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. The applicant enlisted in the U.S. Marine Corps Reserve on 9 February 1998 and served on IADT from 23 February through 17 July 1998. His DD Form 214 shows 4 months and 25 days of "Net Active Service This Period" and 14 days of "Total Prior Inactive Service." He reverted to his reserve unit effective the following day.
3. On 14 August 2001, at the Alabama A&M University ROTC program, the applicant enlisted in the USAR in pay grade E-5, for a period of 5 years and 36 weeks for participation in ROTC and the Simultaneous Membership Program (SMP) with a troop program unit.
4. The applicant completed ROTC and served on active duty as a commissioned USAR officer from 16 November 2003 to 27 December 2006. His DD Form 214 lists no prior active or inactive service.
5. Army Regulation 635-5 (Separation Documents) provides line-by-line instructions for completion of the DD Form 214. The instructions for block 12 (Record of Service) state, "Use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information." The following subparagraphs are applicable to the case:
(a) Date Entered Active Duty (AD) This Period. Enter the
beginning date of the continuous period of AD for issuance of
this DD Form 214, for which a DD Form 214 was not previously
issued.
(b) Separation Date This Period. The Soldier's transition date.
This date may not be the contractual date if Soldier is
separated early, voluntarily extends, or is extended for make
up of lost time, or retained on active duty for the convenience
of the Government.
(c) Net Active Service This Period. Amount of service this
period, computed by subtracting item 12a from 12b. Lost
time under 10 USC 972 and non-creditable time after ETS,
if any, are deducted. Such time will be identified in block 18.
(d) Total Prior Active Service. From previously-issued
DD Forms 214, enter total amount of prior active military
service less lost time, if any. If not applicable, enter "00 00 00."
(e) Total Prior Inactive Service. From previously-issued DD
Forms 214 and/or ERB/ORB, enter the total amount of prior
inactive service, less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant's U.S. Marine Corps DD Form 214 correctly shows 4 months and 25 days of "Net Active Service This Period." This value should have been shown on line 12d on his 2006 DD Form 214.
2. The applicant served in the U.S. Marine Corps Reserve from 18 July 1998 until he enlisted in the USAR, on 14 August 2001 and continued on inactive duty in the USAR until he entered active duty on 16 November 2003, a period totaling 5 years, 3 months and 29 days to which the 14 days of "Total Prior Inactive Service" shown on his U.S. Marine Corps DD Form 214 should be added. This value, 5 years 4 months and 13 days, should be shown on line 12e of his 2006 DD Form 214.
3. In view of the foregoing findings and conclusions, it would be appropriate to rectify this error by correcting the applicants records as recommended below.
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 changing block 12d of his 2006 DD Form 214 to read "00 04 25" days AND changing block 12e to read 05 04 13."
_______ _ _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) AR20090013699
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) ARMY | BCMR | CY2009 | 20090017825
The applicant requests correction to the entries in item 12 (Record of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 1998. Item 12b (Separation Date This Period) - "2002 10 01"; c. Item 12c (Net Active Service This Period) - "0011 00 00"; d. Item 12d (Total Prior Active Service) - " 0000 06 00," based on her Army National Guard (ARNG) service; e. Item 12e (Total Prior Inactive Service) - "0004 00 00," based on 1 year of...
ARMY | BCMR | CY2004 | 20040011428C070208
The applicant requests correction of item 1 (Name [Last]), 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). Service in the program for enlisted members who retain that status remains creditable under all provisions. Therefore, the applicant's DD Form 214, in item 12d will be corrected to show that he had no prior active duty service.
ARMY | BCMR | CY2002 | 2002079536C070215
The applicant states his DD Form 214 is incorrect because it does not show his prior active and inactive service. After completing his required active service, the applicant was honorably released from active duty on 17 March 1997. Paragraph 010301, DODFMR states, in pertinent part, that commissioned officers with over 4 years of prior active service as an enlisted member are entitled to additional basic pay at the O-1E rates.
ARMY | BCMR | CY2008 | 20080001615
His DD Form 214 issued at the time of his REFRAD indicates in block 12a. that he entered active duty this period on 25 September 1976. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 dated 31 August 1999, in block 12a., that he entered active duty this period on 7 July 1984, that he served 15 years, 1 month and 24 days of Net Active Service this period in block 12c., that he served 7 years, 9...
ARMY | BCMR | CY2010 | 20100029949
The applicant requests correction of her DD Form 214 (Certificate of Release or discharge from Active Duty) for the period ending 3 January 2011 to reflect the correct date she entered active duty and her prior active service. The applicant provides her: * DD Forms 214 for the period ending 15 September 2005 and 3 January 2011 * DA Form 71 (Oath of Office - Military Personnel), dated 16 September 2005 * orders to active duty * enlistment contract * officer record brief * name changes *...
ARMY | BCMR | CY2009 | 20090014686
The applicant provides, in support of her application, copies of her DD Form 214, DD Form 4 (Enlistment/Reenlistment Document), DA Form 1506 (Statement of Service), orders for initial active duty for training (IADT), memorandum for appointment as an Army Reserve Officers' Training Corps cadet, discharge orders, and her DA Form 2-1 (Personnel Qualification Record - Part II). For item 12a (Date Entered Active Duty (AD) This Period), enter the beginning date of the continuous period of AD for...
ARMY | BCMR | CY2011 | 20110000476
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 18 August 2003, that he served 19 months and 20 days of active service during this period, and that he had prior inactive service from 21 August 2001 to 18 August 2003. The applicant states his DD Form 214 incorrectly reflects that he entered active duty on 25 May 2004 and that he only served 10 months and 14 days of active service. As a result, the...
ARMY | BCMR | CY2009 | 20090010693
On 14 May 2002, records show the applicant enlisted in the Regular Army for a 3-year period of service. Based on the available evidence, the applicant's date that he entered active duty in the Regular Army was on 14 May 2002. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a corrected DD Form 214 with the separation date of 13 May 2005 to show the following in years(s), month(s) and day(s) format: a.
ARMY | BCMR | CY2010 | 20100008458
The applicant requests, in effect, correction to Item 12d (Total Prior Active Service), Item 12e (Total Prior Inactive Service), Item 12f (Foreign Service), and Item 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 August 2004. His DD Form 214 for the period ending 30 July 1993 shows in Item 12c he was credited with 4 years of net active service. Based on the evidence, he is entitled to correction of Item 12d of his DD...
ARMY | BCMR | CY2008 | 20080001834
The applicant states, in effect, that his DD Form 214, dated 18 February 2004, does not show his total prior active service and the Joint Service Achievement Medal. By adding the applicant's net active service of 1 year, 7 months, and 4 days and his total prior active service of 6 years, 10 months, and 26 days, which equates to 8 years and 6 months, from his DD Form 214, dated 1 October 2002, this total now becomes the applicant's total prior active service for entry in item 12d, of his DD...