IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000476
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 18 August 2003, that he served 19 months and 20 days of active service during this period, and that he had prior inactive service from 21 August 2001 to 18 August 2003.
2. The applicant states his DD Form 214 incorrectly reflects that he entered active duty on 25 May 2004 and that he only served 10 months and 14 days of active service. Additionally, he served in the U.S. Army Reserve (USAR) from 21 August 2001 to 18 August 2003.
3. The applicant provides copies of:
* his DD Form 214
* his pay records
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 USAR Control Group (Reserve Officers' Training Corps (ROTC)) and the Simultaneous Membership Program (SMP) on 21 August 2001 for a period of 8 years. He was commissioned as a USAR second lieutenant on 4 August 2003.
3. He was ordered to active duty on 18 August 2003 to serve as a Gold Bar Recruiter at the University of North Carolina-Charlotte prior to reporting to Fort Sill, Oklahoma, to attend the Field Artillery Officer Basic Course (FAOBC).
4. The applicant was academically dismissed from two FAOBC's and he was released from active duty for training (ADT) on 8 April 2005 due to failure to complete course of instruction. He was transferred to the USAR Control Group (Individual Ready Reserve) to complete the remainder of his 8-year statutory service obligation.
5. His DD Form 214 issued at the time of his release from ADT shows he entered active duty on 25 May 2004 in block 12a (Date Entered Active Duty This Period). Block 12c (Net Active Service This Period) shows he completed 10 months and 14 days of active service this period and block 12e (Total Prior Inactive Service) shows he had no prior inactive service.
6. The applicant served in the SMP from 21 August 2001 until 17 August 2003, the day before he was ordered to active duty on 18 August 2003 for a period of 1 year, 11 months, and 28 days if inactive service.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect information obtained from official records that is in effect as of the date of separation.
8. The SMP is a volunteer officer-training program that allows cadets to participate in ROTC while enlisted in the Army National Guard (ARNG) or USAR. The intent of the SMP is to increase the number of officers in the ARNG and USAR by increasing ROTC enrollment from enlisted members who are attending college.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not reflect all of his service has been noted and appears to have merit.
2. The applicant was ordered to ADT on 18 August 2003 and served until he was honorably released from ADT on 8 April 2005, after having served 1 year, 7 months, and 21 days of active service and 1 year, 11 months, and 28 days of inactive service.
3. However, his DD Form 214 issued on 8 April 2005 incorrectly reflects that he entered active duty on 25 May 2004 and that he only served 10 months and 14 days of active service. It also shows no prior inactive service in block 12e.
4. Accordingly, his DD Form 214 should be corrected to show he entered active duty on 18 August 2003 [2003 08 18] in block 12a; that he completed 1 year, 7 months, and 21 days [0001 07 21] of active service in block 12c; and that he completed 1 year, 11 months, and 28 days of prior inactive service [0001 11 28] in block 12e.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the entry "2004 05 25" from block 12a of his DD Form 214
* adding the entry "2003 08 08" to block 12a of his DD Form 214
* deleting the entry "0000 10 14" from block 12c of his DD Form 214
* adding the entry "0001 07 21" to block 12c of his DD Form 214
* deleting the entry "0000 00 00" from block 12e of his DD Form 214
* adding the entry "0001 11 28" to block 12e of his DD Form 214
___________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) AR20110000476
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ABCMR Record of Proceedings (cont) AR20110000476
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