IN THE CASE OF: .
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110011403
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 Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 2007 to show her component as "RA (Regular Army" instead of "USAR (U.S. Army Reserve)."
2. The applicant states the error appears to be a typographical error.
3. The applicant provides:
* 2006 USAR discharge orders
* 2006 reassignment orders
* 2006 enlistment order
* 2006 permanent change of station 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 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 enlisted in the Regular Army (RA) for a period of 4 years on 17 February 2000 and held military occupational specialty 91X (Mental Health Specialist). She was honorably released from active duty on 16 February 2004 and she was transferred to the USAR Control Group (Reinforcement) to complete her remaining service obligation.
3. On 8 June 2006, she enlisted in the RA for 3 years. Her enlistment contract is not available for review with this case; however, her official records contain multiple documents that show:
* the Dallas Military Entrance Processing Station published Orders 6159044 enlisting her for a 3-year active duty commitment
* her DA Form 3286 (Statement of Enlistment) shows she enlisted in the RA for 3 years to go overseas
* her DD Form 1966 (Record of Military Processing) shows she enlisted in the RA for 3 years
* DD Form 1695 (Oath of Extension of Enlistment) shows she voluntarily extended her 3-year enlistment in the RA by 1 month on 7 July 2006
* The "Component" section of her Enlisted Record Brief shows the entry "Regular"
4. She was honorably released from active duty on 1 April 2007. Item 2 (Department, Component and Branch) of her DD Form 214 for this period shows the entry "ARMY/USAR."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It is important that information entered on the form should be complete and accurate. Chapter 2 states for block 2, Department entry will be "Army" and authorized entries for components are "RA," ARNGUS (Army National Guard of the United States)," or "USAR."
DISCUSSION AND CONCLUSIONS:
The applicant executed an enlistment in the RA on 8 June 2006. She was honorably released from active duty on 1 April 2007. It appears her DD Form 214 inadvertently listed her component as the USAR instead of the RA. Therefore, she is entitled to correction of her DD Form 214 to show the proper component.
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 "ARMY/USAR" from item 2 of her DD Form 214
* adding the entry "ARMY/RA" to item 2 of her 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) AR20110011403
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ABCMR Record of Proceedings (cont) AR20110011403
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