IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100017266
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 on 21 July 2006 to show her date of entry on active duty as 10 January 2005.
2. The applicant states, in effect, that she served on active duty for 1 year,
6 months, and 12 days from 10 January 2005 to 21 July 2006. However, her
DD Form 214 erroneously shows she entered active duty during this period on
29 June 2000.
3. The applicant provides copies of her DD Forms 214 for the period ending
13 October 2004 and 21 July 2006.
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's DD Form 214 for the period ending 13 October 2004 shows she was a cadet at the U.S. Military Academy at West Point from 29 June 2000 to 13 October 2004. She completed 4 years, 3 months, and 15 days of net active service this period. It also shows she had completed 1 year, 1 month, and
26 days of total prior active service, for 5 years, 5 months, and 11 days of total active service.
3. Orders A-11-491972, issued by U.S. Army Human Resources Command, St. Louis, MO, dated 1 November 2004, ordered the applicant to active duty effective 10 January 2005 for the purpose of fulfilling her active duty requirement.
4. Orders 180-0001, issued by Headquarters, U.S. Army Air Defense Artillery Center, Fort Bliss, TX, dated 29 June 2006, discharged the applicant effective
21 July 2006 for the purpose of entering an officer training program.
5. The applicant's DD Form 214 for the period ending 21 July 2006 shows in:
a. item 12a (Date Entered AD [active duty] This Period) the entry
"2000 06 29" [29 June 2000];
b. item 12b (Separation Date This Period) the entry "2006 07 21" [21 July 2006];
c. item 12c (Net Active Service This Period) the entry "0001 06 12" [1 year, 6 months, and 12 days]; and
d. item 12d (Total Prior Active Service) the entry "0005 05 11" [5 years,
5 months, and 11 days].
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 12 (Record of Service) is to show dates of entry and separation and to provide net active duty and prior active and inactive service lengths.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 for the period ending 21 July 2006 should be corrected to show her correct date of entry on active duty.
2. The available evidence clearly shows that the applicant completed two separate periods of active service -- 29 June 2000 through 13 October 2004 and 10 January 2005 through 21 July 2006. However her DD Form 214 for the period ending 21 July 2006 shows she entered active duty this period on 29 June 2000, which is the date she entered active duty on her prior period of active duty service.
3. Orders show the applicant was subsequently ordered to active duty on
10 January 2005 and she was discharged on 21 July 2006. Therefore, her DD Form 214 for the period ending 21 July 2006 should be corrected to show she entered active duty this period on 10 January 2005.
BOARD VOTE:
__X____ ___X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 deleting from item 12a of her DD Form 214 for the period ending 21 July 2006 the entry "2000 06 29" and replacing it with the entry "2005 01 10."
_______ _ 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) AR20100017266
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100017266
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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