Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090015368
Original file (20090015368.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090015368 


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 entry date on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
24 October 2000 to show 30 January 2000.

2.  The applicant states this DD Form 214 shows he entered active duty on the same date (29 January 2000) as the previous DD Form 214 shows he was released from active duty.  The two dates should be one day apart, not the same date.

3.  The applicant provides copies of five DD Forms 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 entered active duty as a Regular Army (RA) Military Intelligence Officer on 27 May 1981.  He has served continuously either in the RA, U.S. Army Reserve (USAR), or in the Army National Guard (ARNG) since that date.

3.  On 11 January 1999 he entered active duty from his ARNG unit in an active duty for special work (ADSW) status.

4.  His official record does not contain any orders to clarify what the duration of this period was to have been.  However, the DD Form 214 prepared to reflect this service period shows he was released from ADSW status on 29 January 2000.

5.  The DD Form 214 in question shows the applicant was ordered to active duty in support of Operation Joint Forge and served in Bosnia.  The DD Form 214 issued for this period of service shows service from 29 January 2000 through 27 October 2000.

6.  Subsequent to this period, the applicant served on active duty on two additional occasions, first in support of the Global War on Terrorism from 1 November 2007 through 5 July 2009 and then for a period of active duty for training from 6 July 2009 through 31 July 2009.  He received a DD Form 214 for each of these periods.

7.  Both of the DD Forms 214 issued in 2009 are incomplete at the blocks for prior active and inactive service.  As of this time no DD Form 215 has been issued to provide the missing information.

8.  Army Regulation 635-5 (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 establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part it states:

	a.  that extreme care must be taken in completing block 12 (Record of Service) since post-service benefits, final pay, retirement credit, and so forth are based on this information; and 

	b.  the entry at block 12a (Date Entered Active Duty (AD)) is 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.




DISCUSSION AND CONCLUSIONS:

1.  The applicant states this DD Form 214 shows he entered active duty on the same date (29 January 2000) as the previous DD Form 214 shows he was released from active duty.  The two dates should be one day apart and not the same date.

2.  The same date can not be used for both a date of his separation from active duty and the subsequent date of entry onto active duty.   

3.  It appears that a typographical error occurred in the completion of the applicant's DD Form 214 for the period ending 24 October 2000.  The date of entry for this period should be the day after his release from his ADSW service, on 30 January 2000.

4.  Therefore, it is appropriate to correct his DD Form 214 for the period ending 24 October 2000 to show a date of entry of 30 January 2000.

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 deleting from item 12a of his DD Form 214 for the period ending 24 October 2000 the entry "00 01  29" and replacing it with the entry "00  01  30."



      ___________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)                                         AR20090015368



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015368



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090006760

    Original file (20090006760.txt) Auto-classification: Approved

    The applicant requests that his 28 February 2009 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he entered active duty on 21 May 2007. The applicant provides five sets of orders that show he was ordered to active duty; a memorandum, dated 6 February 2009; and his DD Form 214, ending on 28 February 2009. The applicant was honorably released from active duty on 28 February 2009 and it shows the following information: a. block 12a (Date Entered AD this...

  • ARMY | BCMR | CY2014 | 20140016422

    Original file (20140016422.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 June 2012 to show he was awarded the Legion of Merit and to reflect his period of active duty service from 29 June 2012 to 29 August 2012. His DD Form 214 for the period ending 28 June 2012 shows in: * block 12a (Date Entered Active Duty this Period), he entered active duty on 30 June 2011 * block 12b (Separation Date this Period), he was released from active...

  • ARMY | BCMR | CY2009 | 20090008039

    Original file (20090008039.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 March 2009, to show his active duty service while on Annual Training (AT) orders and Active Duty Special Work (ADSW) orders. The evidence of record shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom on 28 September 2004 and was honorably released from active duty to the control of his ARNG unit on 9 August 2007. In each period of ADSW,...

  • ARMY | BCMR | CY2012 | 20120000026

    Original file (20120000026.txt) Auto-classification: Approved

    The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 1993 and 8 May 2000, as follows: * Item 12d (Total Prior Active Service) * Item 12e (Total Prior Inactive Service) * Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) * Army Good Conduct Medal (2nd Award) * Army Reserve Components Achievement Medal 2. The applicant provides: * 1993 and 2000 DD Forms 214 *...

  • ARMY | BCMR | CY2010 | 20100014915

    Original file (20100014915.txt) Auto-classification: Approved

    The applicant provides the following documentary evidence in support of her application: a. a DD Form 214 for the period ending 23 November 1993; b. two DA Forms 4187 (Personnel Action), dated 22 October 1993 and 2 September 1994; c. an award memorandum, dated 13 July 1996; d. Orders D-09-048434 issued by U.S. Army Reserve Personnel Command (ARPERSCOM) on 5 September 2000; e. seven sets of active duty for training (ADT), annual training (AT), or active duty special work (ADSW) orders; f....

  • ARMY | BCMR | CY2013 | 20130012490

    Original file (20130012490.txt) Auto-classification: Approved

    Item 12a (Date Entered Active Duty This Period) he entered active duty on 10 June 2000 instead of 15 August 2000; c. Item 12c (Net Active Service This Period) he completed 11 months of active duty instead of 8 months and 27 days of active duty; d. Item 12h (Effective Date of Pay Grade) his date of rank to CPT as 10 April 2000 instead of 30 July 1996; and e. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) award of the: (1)...

  • ARMY | BCMR | CY2008 | 20080007093

    Original file (20080007093.txt) Auto-classification: Denied

    The applicant’s military service records contain a DD Form 214, with an effective date of 19 May 2004. The evidence of record shows the applicant’s DD Form 214, with an effective date of 19 May 2004, documents that she was ordered to ADSW on 2 February 2004, was honorably REFRAD on 19 May 2004, and credited with completing 3 months and 18 days net active service this period (i.e., 108 days). Notwithstanding Headquarters, USA HRC, AHRC-PLSR2-0300, St. Louis, Missouri, Orders T-01-400925A05,...

  • ARMY | BCMR | CY2006 | 20060011200

    Original file (20060011200.txt) Auto-classification: Approved

    The applicant requests that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 2006 be corrected to show sergeant first class/pay grade E-7; that item 12a (Date Entered AD [Active Duty] This Period) be corrected to show 6 July 2004; that item 12b (Separation Date This Period) be corrected to show 2 February 2006; that item 12c (Net Active Service This Period) be corrected; and that item...

  • ARMY | BCMR | CY2009 | 20090020167

    Original file (20090020167.txt) Auto-classification: Approved

    The applicant requests correction of items 7b (Home of Record at Time of Entry), 12a (Date Entered AD [Active Duty] This Period), and 19a (Mailing Address After Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2009. Item 7b of the applicant's DD Form 214 for the period ending 30 September 2009 shows his home of record at the time of entry was "xxx D S------- St., Apt. Item 7b of his DD Form 214 for the period ending 30...

  • ARMY | BCMR | CY2012 | 20120022118

    Original file (20120022118.txt) Auto-classification: Approved

    The applicant requests correction of her Wisconsin Army National Guard (WIARNG) mobilization orders to show she was mobilized on 10 February vice 16 February 2009. The applicant provides: * Request to correct mobilization date * Favorable recommendation memorandum of correction from her chain of command * State Adjutant General favorable recommendation memorandum * State policy memorandum regarding correction of Individual Title 10, USC, section 12302 Mobilization Order Report Date * DD...