G.
BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090017194
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he completed 2 years of active service during the period covered by the DD Form 214.
2. The applicant states that he was ordered to active duty for 2 years from 24 July 2005 to 24 July 2007. He indicates his DD Form 214 only shows he completed 2 months of active service when he actually served 2 years.
3. The applicant provides active duty orders and his DD Form 214 in support of his request.
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 applicants Official Military Personnel File (OMPF) contains Army Human Resources Command - Alexandria, Virginia (AHRC), Orders Number
A-07-515777, dated 22 July 2005, which ordered him to active duty for a period of 2 years from 24 July 2005 to 23 July 2007.
3. After having both prior active and Reserve component service, the applicant entered active duty in the rank of master sergeant (MSG)/E-8 on 24 July 2005. He served in military occupational specialty 63Z (Mechanic Maintenance Supervisor).
4. On 28 March 2006, AHRC issued Orders Number A-07-515777R. This order rescinded the unexecuted portion of Order Number A-07-515777, dated 22 July 2005, effective 23 September 2005.
5. On 23 September 2005, the applicant was honorably released from active duty from active service by reason of completion of required service. The DD Form 214 issued at that time shows he completed 2 months of creditable service for the period the DD Form 214 covers (24 July 23 September 2005) in item 12c (Net Active Service This Period).
6. There are no documents in the applicants OMPF to show he remained on active duty beyond 23 September 2005.
7. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for completing the DD Form 214. The instructions for item 12 (Record of Service) specifies that the following entries will be made in the Items indicated: Item 12a will be 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; item 12b will contain the Soldier's transition date, which may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended for makeup of lost time, or retained on active duty for the convenience of the Government; and item 12c will be the amount of service this period, computed by subtracting item 12a from 12b.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that Item 12c of his 23 September 2005 DD Form 214 should be corrected to show he completed 2 years of active service this period was carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms AHRC published orders that ordered the applicant to active duty for 2 years from 24 July 2005 to 23 July 2007. However, AHRC subsequently published another order to rescind the unexecuted portion of the applicants active duty orders effective 23 September 2005. Therefore, the entry contained in item 12c of the applicants DD Form 214 covering the period 24 July - 23 September 2005 correctly shows he completed 2 months of creditable service for this period.
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.
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.
ABCMR Record of Proceedings (cont) AR20090017194
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