IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110014755
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) dated 12 May 1991 to show her time in basic training.
2. The applicant states she is not quite sure why her basic training time was not included on her DD Form 214.
3. The applicant provides:
* Orders 014-001 dated 21 January 1989
* Certificate of Completion of Basic Training
* Service Computation for Separation
* Chronological Statement of Retirement Points
* DD Form 214 dated 12 May 1991
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 U.S. Army Reserve (USAR) on 21 January 1989. She was ordered to initial active duty for training (IADT) effective 13 June 1989. She completed her basic combat training and was released from active duty (REFRAD) effective 10 August 1989. She completed 1 month and 29 days of active duty service.
3. On 20 June 1990 she was ordered to active duty for military occupational specialty training. She completed training as a personnel administration specialist.
4. She was REFRAD on 15 August 1990. The DD Form 214 she received shows she had 1 month and 26 days of net active service this period. Her DD Form 214 also shows she had 1 month and 29 days of total prior active service.
5. On 11 October 1990 the applicant was ordered to active duty in support of Operation Desert Shield/Storm.
6. She was REFRAD on 12 May 1991 upon completion of her required service. The DD Form 214 she received shows she had 7 months and 2 days of net active service this period. The DD Form 214 also shows she had 1 month and 26 days of total prior active service. The 1 month and 29 days she completed IADT was not computed in her total prior active service on this DD Form 214.
7. On 14 May 1992 the applicant was issued a DD Form 215 (Correction to
DD Form 214, Certificate of Release or Discharge from Active Duty) to correct her DD Form 214 dated 12 May 1991 to show she had 3 months and 25 days of total prior active service.
8. Army Regulation 635-5 (Separation Documents), paragraph 2-4, provides instructions for the completion of the DD Form 214. Item 12.d. (Total Prior Active Service) requires entry of the total amount of prior active military service, less lost time, if any, from previously-issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The time the applicant was in basic training was not included on her DD Form 214 at the time it was prepared on 12 May 1991. She was issued a DD Form 215 on 14 May 1992 to add the basic training time that had been omitted from her DD Form 214. Her DD Form 214 was corrected by the issuance of the
DD Form 215. A copy of this DD Form 215 will be provided to her.
3. In view of the foregoing, her request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________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) AR20110014755
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ABCMR Record of Proceedings (cont) AR20110014755
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