IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100024415 


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 net active service this period, total prior inactive service, and award of the Army Achievement Medal on her
DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states her net active service period was not added correctly and the total prior inactive service does not reflect the time she was in the Delayed Entry Program (DEP) from 22 November 2004 to 12 January 2005.  Additionally, her Army Achievement Medal is not on her DD Form 214.

3.  The applicant provides copies of her DD Form 214, DD Form 4 (Enlistment/
Reenlistment Document), transition orders, and Army Achievement Medal Certificate.

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
22 November 2004.  She was discharged from the USAR DEP on 12 January 2005 and on 13 January 2005 she enlisted in the Regular Army for a period of
5 years.  She served continuously until she was honorably discharged on
3 March 2007 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 8, for pregnancy or childbirth.

3.  The record shows she was issued a DD Form 214 for her active duty service from 13 January 2005 through 3 March 2007.

4.  The award certificate provided by the applicant indicates that Permanent Orders Number 68-2, issued by Headquarters, 500th Military Intelligence Brigade, Schofield Barracks, HI, dated 9 March 2007, awarded her the Army Achievement Medal for meritorious service for the period 18 August 2005 to
1 March 2007.

5.  Item 12 (Record of Service) of her DD Form 214 shows the following entries in:

* Item 12a (Date Entered AD [Active Duty] This Period):  2005  01  13
* Item 12b (Separation Date this Period):  2007  03  03
* Item 12c (Net Active Service This Period):  0001  01  10
* Item 12e (Total Prior Inactive Service):  0001  02  02

6.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon

7.  Item 18 (Remarks) shows the entry "CONTINUOUS HONORABLE ACTIVE SERVICE:  20050113-20070303//BLOCK 6, PERIOD OF DELAYED ENTRY PROGRAM:  20041122-20050112."

8.  Army Regulation 635-5 (Separation Documents), chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions are as follows for the line items indicated:
   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, show the Soldier's transition date.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up time lost, or retained on active duty for the convenience of the Government;

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

   d.  Item 12e (Total Prior Inactive Service), from previously issued DD Forms 214 and/or Enlisted Record Brief (ERB), enter the total amount of prior inactive service.  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 and will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR DEP on
22 November 2004 and she enlisted in the Regular Army on 13 January 2005.  She continuously served in an active duty status until she was discharged on
3 March 2007.

2.  By regulation the information in Item 12c will be the amount of service completed this period, computed by subtracting item 12a from 12b.  Therefore, based on the entries contained in Items 12b and 12a (20070303 - 20050113), respectively, Item 12c should show the entry "0002  01  21" instead of
"0001  01  10."  Therefore, her DD Form 214 should be corrected to show the correct net active service this period.

3.  Further, by regulation, DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12e.  However, it is creditable service for completing the statutory military service obligation and will be entered in item 18.  As such, Item 12e should show the 
entry "0000  00  00" instead of "0001  02  02."  Therefore, since her DEP time is accurately reflected in Item 18, it would be appropriate at this time to delete the current entry in Item 12e and show the entry "0000  00  00."

4.  Permanent orders awarded her the Army Achievement Medal.  Therefore, she is entitled to correction of her DD Form 214 to show this award.
5.  In view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

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  01  10" and replacing it with the entry "0002  01  21";

	b.  deleting from item 12e of her DD Form 214 the entry 0001  02  02" and replacing it with the entry "0000  00  00"; and

	c.  adding to item 13 of her DD Form 214 the Army Achievement Medal.

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 12e of her
DD Form 214 to show her DEP time from 22 November 2004 through 12 January 2005.



      ___________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)                                         AR20100024415



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ABCMR Record of Proceedings (cont)                                         AR20100024415



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