IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110012225
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 27 December 2005 to show she entered active duty this period on 1 November 2004 instead of 1 November 2005.
2. The applicant states the error was the result of a typing error.
3. The applicant provides:
* her DD Form 214
* her active duty order
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, a U.S. Army Reserve (USAR) Soldier, was ordered to active duty in support of Operation Iraqi Freedom (OIF) by Orders D4-301-00031, issued by the 99th Regional Readiness Command, Coraopolis, PA, dated
27 October 2004. These orders established a reporting date of 1 November 2004 for a period of 545 days.
3. On 27 December 2005, the applicant was honorably released from active duty by reason of completion of required active service. The DD Form 214 she was issued at the time shows in:
* item 12a (Date Entered AD (Active Duty) This Period) the entry
2005 11 01 (1 November 2005)
* item 12b (Separation Date this Period) the entry 2005 12 27
(27 December 2005)
* item 12c (Net Active Service This Period) the entry 0001 01 27 (1 year, 1 month, and 27 days)
* item 18 (Remarks) the entry SERVICE IN IRAQ 20041231 - 20051206
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214 and states for:
* item 12a, enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued
* item 12c, enter the amount of service completed during the period covered by the DD Form 214, which is computing by subtracting item 12a from 12b
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 12a of her DD Form 214 for the period ending 27 December 2005 should be corrected to show she entered active duty this period on 1 November 2004 instead of 1 November 2005 was carefully considered and found to have merit.
2. An obvious error occurred when the applicants DD Form 214 for the period ending 27 December 2005 was prepared to show she completed 1 year,
1 month, and 27 days of net active service from the period 1 November through 27 December 2005. The evidence of record confirms she was ordered to report
to active duty on 1 November 2004, as evidenced by her active duty order, and item 18 of her DD Form 214, which confirms she served in Iraq from
31 December 2004 through 6 November 2005. As a result the applicant's
DD Form 214 for the period ending 27 December 2005 should be corrected to show she entered active duty this period on 1 November 2004 instead of
1 November 2005.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 from item 12a of her DD Form 214 for the period ending 27 December 2005 the entry "2005 11 01" and replacing it with the entry "2004 11 01."
_________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) AR20110012225
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ABCMR Record of Proceedings (cont) AR20110012225
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