IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100015722
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) issued on 24 August 2000 be corrected to reflect all of her service and completion of advanced individual training (AIT).
2. The applicant states her DD Form 214 does not reflect all of her service or her completion of AIT.
3. The applicant provides copies of her DD Forms 214 and a copy of her Army/American Council on Education Registry Transcript System personal web transcript.
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 (USAR) and entered active duty for training on 20 January 1997. She completed basic training at Fort Jackson, South Carolina, and AIT as a construction equipment repairer from 31 March 1997 to 23 May 1997 (8 weeks) at Fort Leonard Wood, Missouri, before being released from active duty (REFRAD) and being returned to her USAR unit at Fort Story, Virginia. She had 4 months and 4 days of active service.
3. On 23 November 1997, she enlisted in the Regular Army for a period of 3 years. She served until she was honorably REFRAD on 24 August 2000 due to parenthood. She had 2 years, 9 months, and 2 days of active service during her current enlistment and her DD Form 214 issued at the time of her REFRAD indicates she had 2 months and 1 day of prior active service. Her DD Form 214 reflects the entry "none" in block 14 (Military Education).
4. A review of her records failed to show that she completed any military education courses that qualify for entry on her DD Form 214 during her current enlistment.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and appear to have some merit.
2. The applicant had 4 months and 4 days of prior active service in the USAR; however, her DD Form 214 issued at the time of her REFRAD on 24 August 2000 reflects only 2 months and 1 day of prior active service. Accordingly, her DD Form 214 should be corrected to reflect this information.
3. The applicant completed the Construction Equipment Repairer Course for a duration of 8 weeks in May 1997 and that course was reflected on her DD Form 214 issued in 1997. Accordingly, that information should not be entered on her subsequent DD Form 214 because only courses completed during a period covered by the DD Form 214 may be entered on that form.
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 showing in block 12d of her DD Form 214 that she completed 4 months and 4 days of prior active service (vice 2 months and 1 day currently reflected).
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 showing in block 14 that she completed the Construction Equipment Repairer Course for a duration of 8 weeks in May 1997 on her DD Form 214 dated 24 August 2000.
__________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) AR20100015722
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100015722
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060004226C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 November 2006 DOCKET NUMBER: AR20060004226 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states that he attended an 8-week demolition course in Insbrook, Austria, an 8-week heavy equipment operator course at Fort Leonard Wood, Missouri, and he completed his GED in Vietnam and never received...
ARMY | BCMR | CY2010 | 20100027661
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect all of his decorations and awards and military education or any other information that is reflected on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). He desires his DD Form 214 to be corrected to reflect the awards and military education that is reflected on his NGB Form 22. He served on active duty as a power...
ARMY | BCMR | CY2012 | 20120011079
The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her deployment to Iraq from 20030930 20040204, that she was a high school graduate at the time of her enlistment, and that she attended certified military training in Germany. The applicant states that her deployment to Iraq is not reflected on her DD Form 214. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in...
ARMY | BCMR | CY2007 | 20070004710C071029
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to add the Overseas Service Ribbon, the Noncommissioned Officer (NCO) Professional Development Ribbon (NPDR), and the Driver/Mechanic Badge to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. As a...
ARMY | BCMR | CY2009 | 20090004429
The applicant requests, in effect, correction of his records by issuing one DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military education and the military service that he completed. The applicants military personnel records contain a DD Form 214 that shows he entered active duty this period on 11 May 1992 and was honorably discharged on 18 September 1997, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),...
ARMY | BCMR | CY2014 | 20140007258
The applicant states there is no characterization of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He was released from ADT on 10 October 1997 in accordance with chapter 4 of Army Regulation 635-200 (Personnel Separations) by reason of completion of required active service. He completed 3 months and 28 days of creditable active service and he received an uncharacterized character of service.
ARMY | BCMR | CY2010 | 20100012130
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty): * Item 4a (Grade, Rate, or Rank) master sergeant (MSG) or lieutenant colonel (LTC) * Item 4b (Pay Grade) E8 or O5 * Item 11 (Primary Specialty) 21 Years and 9 Months * Item 12 (Record of Service) o section a. The applicant's DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 27 June 1979, shows she enlisted in the U.S. Army...
ARMY | BCMR | CY2008 | 20080003675
She further states that neither her TDY service in Normandy, France or her service in Iraq in support of OIF are annotated in Item 18 of her DD Form 214, and now requests that this service be added to her DD Form 214. By regulation formal in-service training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14 (Military Education). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120019805
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her records by reinstating her as a member of the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) and showing she completed training and was awarded military occupational specialty (MOS) 25R (Visual Information Equipment Operator-Maintainer). As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2004 | 20040008322C070208
The applicant requests, in effect, correction of Item 11 (Primary Specialty) and Item 14 (Military Education) of her 26 October 2002 separation document (DD Form 214). The applicant provides the following documents in support of her application: DD Form 214, Discharge Orders, Statement for Enlistment (DA Form 3286-63), United States Army Recruiting Command (USAREC) Form 978 (Continuation of Remarks, DA Form 4187), and Enlistment Contract (DD Form 4) with associated documents. The...