IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100020207
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, in four applications, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her correct dates of being absent without leave (AWOL) and to show her correct date of enlistment.
2. The applicant states she enlisted on 22 September 2000 but her DD Form 214 shows she enlisted on 30 August 2001. She was AWOL from 22 March 2001 to 27 February 2002 but her DD Form 214 shows time lost from 25 March 2002 to 20 February 2003. She states she requires these corrections to increase the percentage of educational benefits she will receive from the Department of Veterans Affairs (VA).
3. The applicant does not provide any additional documents.
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 applicants DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows she enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 8 September 2000 for a period of
8 years. She was discharged from the USAR DEP on 21 September 2000 and she enlisted in the Regular Army on 22 September 2000 for a period of 3 years.
3. The applicant's records contain three DA Forms 4187 (Personnel Action). They show:
a. the applicant departed AWOL on 22 March 2001;
b. she was dropped from the rolls (DFR) of the Army as a deserter on
22 April 2001; and
c. her duty status changed from DFR to present for duty on 27 February 2002.
4. On 17 April 2002, the applicant accepted nonjudicial punishment (NJP) for being AWOL from 22 March 2001 to 27 February 2002.
5. On 13 May 2004, the applicant reenlisted in the Regular Army for 4 years.
6. On 6 July 2005, she was discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) for misconduct. The DD Form 214 she was issued shows in:
* item 12a (Date Entered Active Duty (AD) This Period) the entry "2001 08 30" [30 August 2001]
* item 12c (Net Active Service This Period) the entry "0002 11 04"
[2 years, 11 months, and 4 days]
* item 29 (Dates of Time Lost During This Period) shows the entry "20020325 - 20030220" [25 March 2002 to 20 February 2003]
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement,
discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for:
* 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
* item 12b, enter the Soldier's transition date
* item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b, less time lost, if any
* Item 29, for enlisted Soldiers, show inclusive periods of time lost to be made good under Title 10, U.S. Code, section 972
DISCUSSION AND CONCLUSIONS:
1. The DA Forms 4187 and NJP all confirm that the applicant was AWOL from 22 March 2001 to 27 February 2002, for a period of 11 months and 6 days. Therefore, it would be appropriate to correct her DD Form 214 to show her correct dates of AWOL.
2. The applicant's DD Form 4 confirms she initially enlisted in the Regular Army on 22 September 2000. Therefore, her DD Form 214 should be corrected to show her correct date of entry on active duty.
3. Based on correction of the date she entered active duty and the inclusive dates of AWOL, item 12c should also be corrected as follows:
Separation Date 2005 07 06
Entered Active Duty - 2000 09 22
= 4 09 14
Total AWOL Time - 11 06
Net Active Service = 3 10 08 [years, months, days]
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 the DD Form 214 of the individual concerned be corrected by:
a. deleting from item 12a of her DD Form 214 the entry "2001 08 30" and replacing it with the entry "2000 09 22";
b. deleting from item 12c of her DD Form 214 the entry "0002 11 04" and replacing it with the entry "0003 10 08"; and
c. deleting from item 29 of her DD Form 214 the entry "20020325 -20030220" and replacing it with the entry "20010322 - 20020227."
____________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) AR20100020207
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ABCMR Record of Proceedings (cont) AR20100020207
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