BOARD DATE: 8 June 2010
DOCKET NUMBER: AR20090020819
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 Item 12c (Net Active Service This Period) or Item 12d (Total Prior Active Service) of her DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending
1 May 1993.
2. The applicant states her DD Form 214 does not show any of her unit training time and she was assured her unit training time would be reflected. This DD Form 214 only shows her basic training time. She further states that she cannot claim veteran's status because all of her time she put into her Army service is not reflected on her DD Form 214, although she was assured it would be counted towards her 180 days, making any application for veteran's status void.
3. The applicant provides copies of 3 DA Forms 4187 (Personnel Action),
16 DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), her DD Form 214 for the period ending 1 May 1993, her reassignment and discharge orders, and 2 memoranda of support.
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 (USAR) in pay grade E-1 on 17 September 1992. She entered on active duty for training (ADT) on 4 January 1993. She completed basic and advanced individual training and she was awarded military occupational specialty (MOS) 71L (Administrative Specialist). She was honorably released from ADT on 1 May 1993 and transferred to a USAR unit.
3. She was issued a DD Form 214 for the period ending 1 May 1993 that shows in Item 12c she was credited with completing 3 months and 28 days of net active service, a period of 118 days. Item 12d does not show any prior active service.
4. She submitted copies of 16 DA Forms 1380, dated between 2 February 1994 and 3 October 1995, that confirm she participated in unit training during this period totaling 200 hours.
5. She was discharged from the USAR on 19 September 2000.
6. She also submitted 2 memoranda of support, dated 17 September and 20 November 2007, pertaining to her service in the USAR from 17 September 1992 to 9 December 1996 and her annual training and active duty for special work (ADSW) time with the 426th Medical Brigade from August 1993 to February 1998.
7. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It states the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and provided a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 would be prepared for selected categories of military personnel including USAR Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, ADSW, temporary tours of active duty, or Active Guard Reserve service. It states for:
* Item 12c, enter the amount of service this period by subtracting Item 12a (Date Entered AD [Active Duty] This Period) from Item 12B (Separation Date This Period)
* Item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR on
17 September 1992 and she entered on ADT on 4 January 1993. She completed her initial entry training, awarded an MOS, and released from ADT on 1 May 1993. She was issued a DD Form 214 that properly shows a credit of
3 months and 28 days of net active service this period in Item 12c. The DD Form 214 is only meant to be a record of an USAR Soldiers most recent period of 90 days or more of continuous active duty.
2. This DD Form 214 properly shows no prior active service in Item 12d since records show she did not accrue any additional active duty time until after her release from ADT on 1 May 1993.
3. There is no evidence and she has provided none to show she again entered on ADT or full-training duty for a period of 90 days or more for any other periods after 1 May 1993 or for a period long enough to qualify for the issuance of a second DD Form 214. She served in the USAR from 2 May 1993 to 19 September 2000 and was properly separated upon the completion of her remaining service obligation.
4. In view of the foregoing, there is no basis for granting her requested relief.
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) AR20090020819
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ABCMR Record of Proceedings (cont) AR20090020819
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