IN THE CASE OF:	  

		BOARD DATE:	    27 October 2011

		DOCKET NUMBER:  AR20110009931 


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 DD Forms 214 (Certificate of Release or Discharge from Active Duty) to reflect her correct dates of service without a break in service.

2.  She states:

* her DD Form 214 for the period ending 15 May 2000 should be corrected to show she entered active duty on 29 August 1997
* she graduated from advanced individual training at the end of June 1997, but she remained at Fort Jackson, SC until she reported to Fort Sill, OK in August 1997

3.  She provides her DD Forms 214 for the period ending "29 August 1997" and "15 May 2000."

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’s record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that shows she enlisted in the U.S. Army Reserve (USAR) on 13 November 1996 for a period of 8 years in the rank/grade of private (PV2)/E-2.

3.  Item 35 (Current and Previous Assignments) of her DA Form 2-1 (Personnel Qualification Record) shows she served on active duty as a USAR Soldier from 22 April through 29 August 1997 for a period of 4 months and 8 days for initial active duty for training.  The DD Form 214 she was issued at the time shows in:

* item 12a (Date Entered Active Duty this Period) she entered active duty this period on 22 April 1997 
* item 12b (Separation Date this Period) she was released from active duty on 29 August 1997
* Item 12c (Net Active Service this Period) she completed 4 months and
8 days of service

4.  Her record contains a DA Form 4187 (Personnel Action), dated 3 September 1997, wherein she requested enlistment in the Regular Army (RA).  This DA Form 4187 shows the applicant was at 1313 “Assembly St Suite C, Columbia, SC when she signed it.

5.  Her record contains a DD Form 4 that shows she enlisted in the RA on 16 October 1997 for a period of 3 years in the rank/grade of PV2/E-2.

6.  Orders 308-34, issued by Headquarters, U.S. Army Special Operation Command, Fort Bragg, NC, dated 4 November 1997, show she was discharged from the USAR, effective 15 October 1997.  The additional instruction section of these orders state, "Your enlistment or assignment in the USAR on 13 November 1996 was terminated on the effective date of this order, preceding date of appointment as a Reserve Commissioned Officer.  No formal discharge will be issued by reason of termination."

7.  On 15 May 2000, the applicant was honorably discharged by reason of disability with severance pay.  The DD Form 214 she was issued at the time shows in:

* item 12a she entered active duty this period on 8 June 1997 
* item 12b she was discharged on 15 May 2000
* item 12c she completed 2 years, 11 months, and 8 days of net active service this period
* item 12d (Total Prior Active Service) she completed 4 months and 8 days of prior active service

8.  Army Regulation 635-5 (Separation Documents) governs the preparation of 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.  It states for:

* 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
* item 12b, enter the Soldier’s transition date; this date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government
* item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b
* item 12d, from previously issued DD Forms 214, enter total amount of prior active military service less time lost, if any.  If not applicable, enter “00  00  00"

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant enlisted in the USAR and she entered active duty for training from 22 April to 28 August 1997, for a total of 4 months and 8 days.

2.  On 3 September 1997 she submitted a DA Form 4187 requesting enlistment in RA.

3.  The evidence of record shows she enlisted in the RA on 16 October 1997 and she served until she was honorably discharged on 15 May 2000 by reason of disability with severance pay.  She served for 2 years and 7 months of net active service this period.

4.  There is no evidence of record and she did not submit any that shows she was held on active duty beyond 29 August 1997 while waiting to enlist in the RA. Her DA Form 4187, dated 3 September 1997, shows she was in Columbia, SC on that date.  There is also no evidence that she continuously served on active duty without a break in service.  Therefore, it appears she was correctly issued the DD Form 214 for the period of service ending on 29 August 1997.
5.  Evidence of record shows she enlisted in the RA on 16 October 1997.  Therefore, her DD Form 214 for the period ending 15 May 2000 should be corrected to show she entered active duty this period on 16 October 1997.  Based on this correction her net active service this period should also be corrected to show she completed 2 years and 7 months of service this period.

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 12a of her DD Form 214 for the period ending 15 May 2000 the entry "1997  06  08" and replacing it with the entry "1997 10 16," and 

	b.  deleting from item 12c of her DD Form 214 for the period ending 15 May 2000 the entry "0002  11  08" and replacing it with the entry "0002  07  00."

2.  The Board further determined 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 showing she continuously served on active duty without a break of service.



      ___________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)                                         AR20110009931



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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