BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110006063
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 served more than 180 days of active service.
2. The applicant states he served in an active duty status more than 180 days. He contends the Department of Veterans Affairs (VA) informed him that he completed 8 months of active service.
3. The applicant provides no additional documentation.
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 4 (Enlistment/Reenlistment Document) shows that he:
a. enlisted in the U.S. Army Reserve, Delayed Entry Program, on 21 May 2002 for 8 years;
b. agreed to enter active duty on 25 June 2002 for a period of 3 years; and
c. understood that his period of time in the delayed entry program (DEP) did not count for pay purposes or towards fulfillment of his military service obligation.
3. The applicant's Enlisted Record Brief (ERB) shows that he:
a. was assigned to Fort Knox, Kentucky for basic training on 25 June 2002; and
b. was further assigned to Fort Lee, Virginia for advanced individual training (AIT) in military occupational specialty (MOS) 77F (Petroleum Supply Specialist) on 9 September 2002.
4. There is no evidence of record showing that the applicant successfully completed AIT, or that he was awarded MOS 77F.
5. Orders 323-0178, Fort Lee, Virginia, dated 19 November 2002, directed the applicant's transfer to the U.S. Army Transition Center, Fort Lee, with a reporting date and date of discharge of 22 November 2002.
6. The applicant's DD Form 214 shows he was discharged, on 22 November 2002, under the provisions of Army Regulation 635-200, chapter 11 due to entry level performance and conduct. He had completed 4 months and 28 days (approximately 151 calendar days) of creditable active service.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served in an active duty status more than
180 days and he wants his DD Form 214 to show this service.
2. The available evidence clearly shows the applicant entered active duty on
25 June 2002 and was discharged on 22 November 2002. This period of active is correctly recorded on his DD Form 214.
3. There is no available evidence of record showing he had any other creditable active service. Furthermore, the applicant has not provided any official documentation to substantiate his claim of additional active service.
4. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ __x_____ __x______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110006063
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ABCMR Record of Proceedings (cont) AR20110006063
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