IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090015636
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 his 4 April 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all of his initial active duty for training (IADT).
2. The applicant states that the DD Form 214 does not include the time he spent in basic training and part of his advanced individual training (AIT).
3. The applicant provides, in support of his request, copies of his DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) orders to IADT, a certificate of completion for basic training, a diploma for AIT, and his DD Form 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 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. Army Reserve as a specialist (pay
grade E-4) on 24 April 2001. His DD Form 1966/1 shows he was to enter active duty on 30 October 2001.
3. Department of Defense, Military Entrance Processing Station, Kansas City, Missouri Orders 112-12, dated 14 June 2001, ordered him to IADT on 30 October 2001 and to AIT for approximately 21 weeks commencing on 28 January 2002.
4. The certificate of completion shows he completed basic training on 24 January 2002. The diploma shows he attended and completed the Civil Affairs Specialist Course for military occupational specialty (MOS) 38A from
28 January to 4 April 2002.
5. The DD Form 214 shows he was released from IADT and provides the following other details:
* line 12a Date Entered AD This Period 2002 03 15
* line 12b Separation Date This Period 0002 04 04
* line 12c Net Active Service This Period 0000 00 20.
6. Subsequently, the applicant was mobilized for service in Iraq and served on active duty from 25 January 2003 to 10 April 2004. The 10 April 2004 DD Form 214 documenting that period of service shows 20 days of prior active service in line 12d.
7. On 30 August 2007, he was transferred to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that the April 2004 DD Form 214 does not include the time he spent in basic training and part of his advanced individual training (AIT).
2. The DD Form 214 issued upon his release for IADT erroneously shows he entered active duty on 13 March 2002 and that he served on active duty for only 20 days.
3. The applicant served on IADT from 30 October 2001 to 4 April 2002 a period of 5 months and 5 days.
4. The subsequent DD Form 214 repeats the error by showing 20 days prior active service in item 12d.
5. Both DD Forms 214 should be corrected accordingly.
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 the 4 April 2002 DD Form 214, "2001 10 30" and on line 12c, "0000 05 05"; and
b. showing on line 12d of the 10 April 2004 DD Form 214, "0000 05 05."
_______ _ _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) AR20090015636
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ABCMR Record of Proceedings (cont) AR20090015636
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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