BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100007344
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) for the period ending 21 January 2004 be corrected to show his total periods of service.
2. The applicant states his 2004 DD Form 214 was never updated as it was supposed to be. The lack of entries in item 12d (Total Prior Active Service) and item 12e (Total Prior Inactive Service) is causing difficulties in his utilization of educational benefits.
3. The applicant provides copies of two DD Forms 214, his enlistment documents, active duty orders, an Army Achievement Medal Certificate, three certificates for completion of training, and 13 pages of medical records.
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 enlisted in the U.S. Army Reserve on 7 May 1996 and was ordered to initial active duty for training (IADT) on 20 October 1996.
3. He completed basic and advanced individual training and was awarded military occupational specialty 95B (Military Police). On 14 March 1997, he was released from active duty and returned to his Reserve unit.
4. The DD Form 214 for the period ending 14 March 1997 shows 4 months and 15 days of active duty with 5 months and 23 days of prior inactive service.
5. On 5 October 2001, he was ordered to active duty for mobilization effective 9 October 2001 for a period not to exceed 365 days. No DD Form 214 is on record to document this period of service.
6. The applicant was awarded the Army Achievement Medal for meritorious service during Operation Noble Eagle from 9 October 2001 through 10 August 2002. The other certificates provided were for training during the same period covered by the Army Achievement Medal.
7. A DD Form 214 for the period ending 21 January 2004 shows the applicant served on active duty from 10 February 2003 through 21 January 2004 for 11 months and 12 days. Item 12d and item 12e state "SEE BLOCK #18." Item 18 includes the statement that a DD Form 215 (Correction to DD Form 214) will be issued to provide missing information.
8. A copy of the applicant's retirement points summary shows continuous service from 7 May 1996 through 21 January 2004 (7 years, 8 months, 15 days). It shows his periods of active duty as 20 October 1996 through 14 March 1997 (4 months and 15 days), 9 October through 10 August 2002 (10 months and 2 days), and 8 February 2003 through 21 January 2004 (11 months and 12 days).
9. There is no indication a DD Form 215 was prepared to correct the omissions on the 21 January 2004 DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his 2004 DD Form 214 was never updated as it was supposed to be. The lack of entries in item 12d and item 12e is causing difficulties in his utilization of educational benefits.
2. Prior to being mobilized for Operation Noble Eagle, the applicant had continuous Reserve service from 7 May 1996 with a 4-month and 15-day period of IADT.
3. No DD Form 214 is on record for the applicant's period of service during Operation Noble Eagle and the 21 January 2004 DD Form 214 is incomplete with no indication that a DD Form 215 was issued to correct the omissions.
4. The omission of the applicant's prior active and inactive service on the 21 January 2004 DD Form 214 creates an injustice and should be corrected at this time. It is appropriate to have the U.S. Army Human Resources Command calculate the applicant's total prior active and inactive service and issue him an appropriate document to correct his 21 January 2004 DD Form 214.
BOARD VOTE:
____x_ ___x_____ _____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 having the Human Resources Command calculate the applicant's total prior active and inactive service and issuing him the appropriate document to correct his 21 January 2004 DD Form 214.
___________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) AR20100007344
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ABCMR Record of Proceedings (cont) AR20100007344
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