IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100016459 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 July 2003 to show she was released from active duty (REFRAD) on 9 August 2003.

2.  She states the additional instructions of Permanent Orders (PO) 184-4, Headquarters, First U.S. Army, dated 3 July 2003, show the demobilization station (DMS) will use the effective date to issue the DD Form 214, process unit personnel for REFRAD, and transport unit personnel to their home station (HS).

3.  She provided copies of:

* Orders M-043-0007, Headquarters, 81st Regional Support Command, dated 12 February 2003
* PO 184-4
* DD Form 214 for the period ending 21 July 2003

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.  Her record shows she enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 23 February 1987.  Upon completion of basic combat and advanced individual training, she was awarded military occupational specialty (MOS) 75C (Personnel Management Specialist) which was later redesignated as MOS 42A (Human Resources Specialist).  On 9 June 2010, she was awarded MOS 88N (Transportation Management Coordinator).  She is currently serving as a staff sergeant in the USAR.

3.  She provided a copy of Orders M-043-0007, dated 12 February 2003, that show she was ordered to active duty (AD) for a period of 365 days beginning 10 February 2003 in support of Operation Enduring Freedom.  She was reassigned to the 379th Military Police (MP) Detachment, Enemy Prisoners of War (EPW)/Counterintelligence (CI) Processing Team.

4.  She also provided a copy of PO 184-4, dated 3 July 2003.  These orders show the 379th MP Detachment, EPW/CI Processing Squad was to be REFRAD no later than 2400 hours on 9 August 2003.  Additional instructions show:

	a.  The DMS will use the effective date to issue DD Form 214, process unit personnel for REFRAD, and transport unit personnel to their HS.

	b.  Unit member(s) is/are authorized to take leave accrued during active duty.

	c.  Unit(s) will remain attached and under command of DMS as indicated until arrival at HS.  Upon arrival at HS, command and control will pass to First U.S. Army.

5.  Her record contains and she also provided a copy of her DD Form 214 for the period ending 21 July 2003.  This document shows she was honorably REFRAD for completion of required active service and transferred to her USAR unit.  This document also shows the following entries in item 12 (Record of Service):

* item 12a (Date Entered AD This Period) – "2003  02  10"
* item 12b (Separation Date This Period) – "2003  07  21"
* item 12c (Net Active Service This Period) – "0000  05  12"
* item 12d (Total Prior Active Service) – "0000  04  05"
* item 12e (Total Prior Inactive Service) – "0015  01  22"

6.  Item 21 (Signature of Member Being Separated) of the same DD Form 214 shows she authenticated this document indicating the information therein was correct.

7.  The Defense Finance and Accounting Service (DFAS) confirmed she was on active duty from 10 February through 21 July 2003.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted/Officer Record Brief, or any other document authorized for filing in the official military personnel file.

9.  Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214.  The instructions for completing item 12 specify to use extreme care in preparing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  The following instructions apply:

	a.  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.

	b.  Item 12b – enter the Soldier's transition date.  The instructions note that this date may not be the contractual date if the Soldier is separated early, voluntarily extends or is extended to make up any lost time, or is retained on active duty for the convenience of the government.

	c.  Item 12c – subtract item 12a from item 12b.  The instructions note that lost time under Title 10, U.S. Code, section 972, and non-creditable time after ETS, if any, are deducted.

	d.  Item 12d – enter the total amount of prior active military service less lost time, if any.  If not applicable, enter "00  00  00."

	e.  Item 12e – enter the total amount of prior inactive service, less lost time, if any.

10.  Paragraph 2-4 of Army Regulation 635-5 also provides guidance for completion of item 21.  It states the signature of the Soldier indicates he/she has reviewed the form and accepts the information as being correct to the best of his/her knowledge.

DISCUSSION AND CONCLUSIONS:

1.  She contends item 12b of her DD Form 214 for the period ending 21 July 2003 should be corrected to show she separated on 9 August 2003.

2.  The DD Form 214 is issued on the date of separation.  Although she provided a copy of PO 184-4 that states the DMS will use the effective date to issue the DD Form 214, Army Regulation 635-5 states that item 12b may not be the contractual date if the Soldier is separated early.

3.  DFAS confirmed she was on active duty from 10 February through 21 July 2003.  As a result, there appears to be no error or injustice with the date she separated from active duty.  

4.  In view of the foregoing, she is not entitled to the 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 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)                                         AR20100016459



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ABCMR Record of Proceedings (cont)                                         AR20100016459



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