IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012581
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 date ending 2 September 1983 to show she entered active duty for training (for military occupational specialty (MOS) training) on 24 June 1983. She further requests, in effect, that a DD Form 215 (Correction to DD Form 214) dated 25 January 1988 changing item 12c (Net Active Service This Period) be voided.
2. The applicant states item 12a (Date Entered Active Duty This Period) of her DD Form 214 has a typographical error in that it should show the year as "83" instead of "82." She states the (91B) Medical Specialist Course was approximately 10 weeks in length as indicated on her DD Form 214 in item 14 (Military Education) which shows the course ended in September 1983. She states that the DD Form 215 compounds the error on her DD Form 214 instead of correcting the error. Her Initial Active Duty for Training (IADT) orders show her report date as 24 June 1983.
3. She provides her DD Form 214 in question, her DD Form 215, and Military Entrance Processing Station (MEPS) IADT Order Number 119-30.
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 military records show that she enlisted in the U.S. Army Reserve on 20 March 1982.
3. A DD Form 220 (Active Duty Report) contained in her records shows she served on active duty during the period 14 June through 18 August 1982.
4. MEPS IADT Order Number 119-30, dated 15 June 1982 shows her report date for approximately 2 months of 91B MOS training as 24 June 1983.
5. Her DD Form 214 in question shows she was released from active duty upon completion of MOS training. It further shows in:
* item 12a the date "82-06-24"
* item 12b (Separation Date This Period) "83-09-02"
* item 12c "00-02-09"
* item 12d (Total Prior Active Service) "00-02-05"
* item 12e (Total Prior Inactive Service) "01-00-29"
6. Her records contain a DD Form 215 dated 25 January 1988 changing item 12c on her DD Form 214 in question to read "01-02-09."
7. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It states for item 12c enter the total time between dates entered in items 12a from 12b.
DISCUSSION AND CONCLUSIONS:
1. A DD Form 220 shows she was on active duty during the period 14 June through 18 August 1982. A MEPS order shows she was scheduled to enter active duty on 24 June 1983 for the purpose of completing approximately 2 months of 91B Medical Specialist MOS training. Item 14 of her DD Form 214 shows she completed the 10-week Medical Specialist Course in September 1983. Her DD Form 214 shows 2 months and 5 days of prior active service and 1 year and 29 days of prior inactive service. As such, evidence shows she could not have entered active duty for 91B MOS training in June 1982, and therefore, she is entitled to have her DD Form 214 in question corrected to show she entered active duty on 24 June 1983 for the period in question. The entry in item 12c is correct based on the recommended correction to item 12a.
2. Based on the information above the DD Form 215 dated 25 January 1988 is erroneous and due to the recommended correction in the previous paragraph, this DD Form 215 should be voided.
3. In view of the foregoing, the applicant is entitled to have her records corrected as shown below.
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:
a. deleting from item 12a of her DD Form 214 for the period ending 2 September 1983 the entry "82-06-24" and replacing it with the entry "83-06-24"; and
b. voiding her DD Form 215 dated 25 January 1988 changing item 12c.
_______ _ __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) AR20110012581
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ABCMR Record of Proceedings (cont) AR20110012581
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