IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110014170
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 her date of entry on active duty (AD) on her
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 June 2006 be corrected to show 27 January 2006.
2. The applicant states she believes the error occurred due to the lack of attention by her and the clerk.
3. The applicant provides:
* Army Reserve Medical Command (AR-MEDCOM) Orders 005174, dated 5 January 2006
* Headquarters, U.S. Army Medical Department and School, Fort Sam Houston, TX, Orders 165-324, dated 14 June 2006
* DD Form 214 with a separation date of 16 June 2006
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. On 22 February 2003, she was released from active duty in the Regular Army and transferred to a troop program unit in the U.S. Army Reserve (USAR). She had completed a total of 4 years, 6 months, and 17 days of active service and
9 months and 15 days of inactive service. She continues to serve in the USAR.
3. AR-MEDCOM Orders 005174, dated 5 January 2006, ordered her to active duty for training school to report not later than 27 January 2006.
4. Headquarters, U.S. Army Medical Department and School, Fort Sam Houston, TX, Orders 165-324, dated 14 June 2006, awarded her military occupational specialty (MOS) 91X (Mental Health Specialist) effective 16 June 2006.
5. There are no orders or other evidence to show she was ordered to active duty after 22 February 2003 and prior to 27 January 2006.
6. She was issued a DD Form 214 with a separation date of 16 June 2006 with the following entries:
* item 12a (Date Entered AD This Period) - 2005 08 08 (2005 August 8)
* item 12b (Separation Date This Period) - 2006 06 16 (2006 June 16)
* item 12c (Net Active Service This Period) - 0000 10 09 (zero years,
10 months, and 9 days)
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides that the beginning date of the continuous period of active duty for which the DD Form 214 is being issued be entered in item 12a of the DD Form 214. This regulation also provides that the date of separation be entered in item 12b and the net service for the period shown would be computed by subtracting item 12a from item 12b and then deducting any lost time and non-creditable service after the Soldier's expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. Her orders to active duty are dated 5 January 2006 and ordered her to report no later than 27 January 2006. There is no evidence of record showing she entered active duty prior to this date. Therefore, item 12a of her DD Form 214 with a separation date of 16 June 2006 should be corrected to read 2006 01 27 (2006 January 27).
2. Her net service in item 12c must be re-computed by subtracting the corrected date in item 12a from the date in item 12b:
2006 06 16
item 12b
- 2006 01 27
corrected item 12a
04 19
+1
inclusive dates
04 20
corrected net service
Therefore, item 12c should be corrected to read 0000 04 20 (zero years,
4 months, and 20 days).
BOARD VOTE:
________ ________ ________ 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
amending the following items of her DD Form 214 with a separation date of
16 June 2006 to show:
* item 12a - 2006 01 27
* item 12c - 0000 04 20
_______ _ _______ ___
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) AR20110014170
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110014170
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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