IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100011782
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by:
* Deleting from item 23 (Type of Separation) "DROP FROM ROLLS OF THE ARMY"
* Changing the entry "AR 600-8-24, PARA 2-25A" in item 25 (Separation Authority)
2. The applicant states:
* She was never absent without leave (AWOL)
* She was never in the Active Guard Reserve (AGR)
* She requested a transfer to the Individual Ready Reserve (IRR) for personal cogent reasons
3. The applicant provides the following documents in support of her application:
* DD Form 214
* Excerpt from Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 2-25
* Excerpt from Army Regulation 630-10 (Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings), paragraph 3-5
* Diploma from the Military Intelligence Officer Transition Course
* Certificate of Completion for the TATS Military Intelligence Officer Transition Course
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 was appointed as a commissioned officer in the Army National Guard on 1 July 2001 after completion of prior enlisted service.
3. She was ordered to active duty in support of Operation Iraqi Freedom on 22 February 2006. She was released from active duty on 20 January 2007 at the completion of required active service. On the following day she was transferred to a Reserve unit.
4. Her DD Form 214 for the period ending 20 January 2007 shows the following:
* Item 23 - DROP FROM ROLLS OF THE ARMY
* Item 25 AR 600-8-24, PARA 2-25A
* Item 26 (Separation Code) LBK
* Item 28 (Narrative Reason for Separation) COMPLETION OF REQUIRED ACTIVE SERVICE
* Item 29 (Dates of Lost Time) NONE
5. Her service record does not indicate she was in the AGR program.
6. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation shows that the SPD code LBK as shown on her DD Form 214 specifies the narrative reason for separation was involuntary release or transfer for Completion of Required Active Service and that the authority for separation under this SPD is AR 600-8-24, Para 2-25a.
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to active duty on 22 February 2006 for deployment in support of Operation Iraqi Freedom.
2. The applicants service record does not indicate she was AWOL or dropped from the rolls of the Army during the period of active service from 22 February 2006 to 20 January 2007.
3. She was released from active duty on 20 January 2007 at the completion of required active service and she was transferred to a Reserve unit. However, item 23 on her DD Form 214 for the period ending 20 January 2007 erroneously reflects she was dropped from the rolls of the Army. Therefore, it would be appropriate to amend item 23 on her DD Form 214 to show she was released from active duty instead of dropped from the rolls of the Army.
4. The applicant's DD Form 214 for the period ending 20 January 2007 correctly shows she was separated under the provisions of Army Regulation 600-8-24, paragraph 2-25a by reason of completion of required active service. Therefore, there is no basis for changing the separation authority in item 25 of her DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry DROP FROM ROLLS OF THE ARMY from item 23 of her DD Form 214 for the period ending 20 January 2007 and adding RELEASED FROM ACTIVE DUTY.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 25 of her DD Form 214 for the period ending 20 January 2007.
_______ _ 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) AR20100011782
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ABCMR Record of Proceedings (cont) AR20100011782
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