IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100021848 


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 effect, correction of items 12a (Date Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) of her
DD Form 214 (Certificate of Release or Discharge from Active Duty).  She also requests 14 days of active duty during the period 1 February 2008 to 14 February 2008 be added to this DD Form 214. 

2.  The applicant states, in effect:

* The time she spent in the Delayed Entry Program (DEP) should be counted towards her time in service
* She was recalled to active duty from the Individual Ready Reserve (IRR) for 14 days during the period 1 February 2008 to 14 February 2008
* Item 12c of her DD Form 214 is incorrect and should reflect the amount of service by subtracting item 12a from item 12b
* After reviewing her service record the dates did not match up on her
DD Form 214 from her basic active service date until she was released from active duty

3.  The applicant provides:

* her DD Form 214
* Orders 292-0670, dated 19 October 2006 (reassignment orders)
* Orders M-12-703874, dated 18 December 2007 (active duty orders)
* Orders 36-182, dated 5 February 2008 (release from active duty orders)

 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) DEP on 20 February 2003 for period of 8 years.  She was discharged from the USAR DEP on
5 November 2003.  She enlisted in the Regular Army on 6 November 2003 for a period of 6 years.  On 1 November 2006, she was honorably released from active duty after completing 1 year, 8 months, and 29 days of net active service this period, with no time lost.  She was transferred to the U.S. Army Reserve Control Group (IRR) to complete her remaining service obligation.    

3.  Item 12a of her DD Form 214 shows she entered active duty this period on
6 November 2003.  Item 12b (Separation Date This Period) shows she was released from active duty on 1 November 2006.  Item 12c shows the entry
"0001  08  29" [1 year, 8 months, and 29 days].  Item 12e (Total Prior Inactive Service) shows the entry "0001  11  13."  Item 18 (Remarks) shows the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20030220 - 20050202//NOTHING FOLLOWS."     

4.  She provided orders which show she was ordered to active duty in January 2008 and released from active duty on 9 February 2008.  A DD Form 220 (Active Duty Report), dated 6 February 2008, shows she entered active duty on
20 January 2008 and departed on 9 February 2008 (a total of 21 days).

5.  Army Regulation 635-5 (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.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous 


active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation states, in pertinent part, that for item 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states that for:

   a.  item 12a, enter the beginning date of the continuous period of active duty 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; 

   c.  item 12c, enter the amount of service this period by subtracting item 12a from 12b;

	d.  item 12e, from previously issued DD Forms 214 and/or Enlisted Record Brief (ERB), enter the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory military service obligation (MSO) and will be entered in item 18.

   e.  item 18, in pertinent part, if DEP time is included in item 6 (Reserve Obligation Termination Date), enter "ITEM 6, PERIOD OF DEP (inclusive periods of DEP time).

6.  Army Regulation 140-1 (Army Reserve Mission, Organization, and Training) provides policy guidance on the mission, organization, and training of the USAR.  It states the USAR Control Group (Delayed Entry) consists of members enlisted under Army Regulation 601-210 (Active and Reserve Components Enlistment Program).  They are in a nonpay status and will not take part in Reserve training.  While assigned to the group, members are exempt from involuntary order to active duty except during a period of mobilization.

7.  The DEP is defined as a program where Soldiers may enlist and who are assigned to the USAR Control Group (Delayed Entry) until they enlist in the Regular Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was in the DEP from 20 February 2003 through 5 November 2003, a total of 8 months and 17 days.  Therefore, it would be appropriate to correct items 12e and 18 of her DD Form 214.
2.  She contends her time in the DEP should be counted as active duty service.  However, Soldiers in the DEP are in a nonpay status, are not on active duty, and are even exempt from involuntary order to active duty except during a period of mobilization.  Therefore, there is no basis for granting this portion of her request.

3.  She entered active duty on 6 November 2003 which is properly shown in item 12a on her DD Form 214.  Therefore, there is no basis for granting this portion of her request.

4.  Based on the correct dates in items 12a and 12b on her DD Form 214 she completed 2 years, 11 months, and 27 days of creditable active service this period.  Therefore, item 12c of her DD Form 214 should be corrected to show this service.

5.  The applicant requests the addition of her active duty service in 2008 to be shown on her DD Form 214 for the period ending 1 November 2006.  However, the DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her separation from active duty.  Since she was ordered to active duty in 2008, after her release from active duty on 6 November 2006, there is no basis for showing this service on her DD Form 214 for the period ending 1 November 2006.

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:

	a.  deleting from item 12c of her DD Form 214 the entry "0001 08  29" and replacing it with the entry "0002  11  27";


	b.  deleting from item 12e of her DD Form 214 the entry "0001  11  13" and replacing it with the entry "0000  08  17"; and 

	c.  deleting from item 18 of her DD Form 214 the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20030220 - 20050202//NOTHING FOLLOWS" and replacing it with the entry "BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20030220 - 20031105//NOTHING FOLLOWS."

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 12a of her
DD Form 214 for the period ending 1 November 2006 to show any additional service for her time in the Delayed Entry Program or her 14 days of active service in 2008.



      _________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)                                         AR20100021848



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ABCMR Record of Proceedings (cont)                                         AR20100021848



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