BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090017442 


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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct effective date she entered active duty (AD), which will also adjust her net active service this date.

2.  The applicant states, in effect, that item 12a (Date Entered AD This Period) on her DD Form 214 reads 15 April 2005 and that it should read 15 February 2005. 

3.  The applicant provides no additional documentation in support of this case.

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 Armed Forces Examining and Entrance Station Special Orders for enlistment in the Regular Army (RA) are not available.

3.  The applicant's records contain a DD Form 4/1 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 3 February 2005, that shows she enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program (DEP) on 3 February 2005 for a period of 8 years.  On 13 February 2005, the applicant was discharged from the USAR DEP for the purpose of enlisting in the RA.

4.  The applicant's records contain a DD Form 4/3, dated 14 February 2005, that shows she enlisted in the RA on 14 February 2005 for a period of 3 years.

5.  Section 17 (DEP Enlistment Data) of the applicant's DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) shows in:

* item a (Date of DEP Enlistment) the entry "20050203" [3 February 2005]

* item b (Projected Active Duty Date) the entry "20050214" [14 February 2005]

6.  Section 18 (Accession Data) of the applicant's DD Form 1966/1 shows in:

* item a (Enlistment Date) the entry "20050214" [14 February 2005]

* item b (Active Duty Service Date) the entry "20050214" [14 February 2005]

7.  On 5 December 2006, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, by reason of misconduct (serious offense). 

8.  The applicant's DD Form 214 for the period ending 5 December 2006 covers her entire period of active duty service that shows in:

* item 12a (Date Entered Active Duty) the entry "2005  04  15" [15 April 2005]

* in Item 12c (Net Active Service this Period) the entry "0001 [year], 
7 [months], and 21 [days]"

* in item 18 (Remarks) the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20050203 - 20050214" [3 February 2005 to 14 February 2005]

* in item 29 (Dates of Time Lost During This Period) the entry "Not Chargeable Under 10 USC 972 [Title 10, U.S. Code, section 972]:  20060630 - 20060830"

9.  Army Regulation 635-5 (Separation Documents), in effect, at that time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

* For item 12a, 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.

* For item 12b, enter 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.

* For Item 12c, enter the 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.

* In Item 18, for a Soldier who has DEP time, enter “BLOCK 6 - PERIOD OF DEP (inclusive periods of DEP time).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the date entered active duty on her DD Form 
214 for the period ending 5 December 2006 should show she entered active duty on 14 February 2005 instead of 15 April 2005.  There are no active duty orders with an enlistment date of 14 February 2005.  However, her DD Forms 4/3 and 1966/1, both dated 14 February 2005, show that she entered active duty in the 


RA on 14 February 2005.  Based on these documents the applicant's date entered active duty on her DD Form 214 should be corrected to read 14 February 
2005.

2.  As a result of the correction to item 12a of her DD Form 214 the entry in item 12c requires adjustment.  Based on the following calculation, her net active service this period should be corrected to show 1 year, 9 months, and 22 days.

		2006  12  05  date of discharge
	   - 2005  02  14  adjusted date entered AD this period
		0001  09  22  adjusted net active service this period [Years  Months  Days]

3.  Item 18 of the applicant's DD Form 214 erroneously shows her DEP period was 3 February 2005 to 14 February 2005.  However, her DD Form 4/3 shows she was discharged from the USAR on 13 February 2005 and she enlisted in the RA on 14 February 2005.  Therefore, her DD Form 214 should be corrected to show her DEP period as 3 February 2005 to 13 February 2005. 

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.  deleting from item 12a of her DD Form 214 the entry "2005  04  15" and replacing it with the entry "2005  02  14";

	b.  deleting from item 12c of her DD Form 214 the entry "0001  07  21" and replacing it with the entry "0001  09  22";


	c.  deleting from item 18 of her DD Form 214 the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20050203 - 20050214" and replacing it with the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20050203 – 20050213."



      ___________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)                                         AR20090017442



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ABCMR Record of Proceedings (cont)                                         AR20090017442



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