IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110015340
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) to show she served on active duty in an other than active duty for training (ADT) status.
2. The applicant states:
* her DD Form 214 states her entire time in service was training related
* this incorrect information is preventing her from receiving education benefits
* her date of entry was 4 January 2007
* from 4 January 2007 to January 2008 she was in training
* the remaining 6-7 months was active duty
3. The applicant provides:
* DD Form 214
* discharge orders
* DA Form 31 (Request and Authority for Leave)
* two permanent change of station orders
* Enlisted Record Brief (ERB)
* DA Form 5123-1 (In-Processing Personnel Record)
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 applicant's 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 applicant's 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 on 4 January 2007 for a period of 6 years. She completed training and was awarded military occupational specialty (MOS) 35M (human intelligence collector). On 23 July 2008, she was honorably discharged for pregnancy or childbirth.
3. Her DD Form 214 shows in:
* in item 11 (Primary Specialty) that she held MOS 35M for 6 months
* in item 14 (Military Education) that she completed the Human Intelligence Collector Course in 2008
4. Her ERB shows she attended:
* basic training for 2 months
* advanced individual training (AIT) for 3 months
* AIT Phase II for 6 months, which indicates she served in a permanent duty assessment for 6 months after completion of training
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and establishes standardized policy for preparing and distributing the DD Form 214. Detailed instructions and source document(s) for completing item 11 state:
* from the ERB/Officer Record Brief, enter the titles of all MOS's/areas of concentration (AOC) served for at least 1 year
* include the number of years and months served for each MOS/AOC
* for time determination, 16 days or more count as a month
* do not count basic training and AIT
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 states her entire time in service was training related.
2. Her DD Form 214 shows she completed MOS training in 2008 and she held MOS 35M for 6 months, which shows she served in an active duty status for 6 months after completion of training. Further, her DD Form 214 clearly shows she was discharged for pregnancy or childbirth after completing 1 year, 6 months, and 20 days of active service, not for completion of ADT. Therefore, her active duty service is accurately recorded on her DD Form 214; no error exists.
4. Based on the foregoing, there is no basis for granting the requested relief.
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 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) AR20110015340
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015340
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120021048
The applicant requests correction of her record to show a waiver was granted for the recoupment of her non-prior service enlistment bonus (NPSEB). The applicant contends that her military record should be corrected to show the recoupment of her NPSEB was waived because she had to move with her husband to Arizona. The available evidence clearly shows the applicant enlisted in the NJARNG for training in a critical skill MOS.
ARMY | BCMR | CY2009 | 20090020129
IN THE CASE OF: BOARD DATE: 29 June 2010 DOCKET NUMBER: AR20090020129 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The document states: * Question: Are Reserve or Active Component Soldiers on active duty primarily for training authorized to be awarded the GWOTSM? Her statement is correct, in part; however, she was ordered to IADT for basic and advanced individual training, not ordered to active duty or mobilized in support of Global War on Terrorism operations.
ARMY | BCMR | CY2013 | 20130008113
There is no evidence in his records to show that he ever served as a HUMINT Collector. While the applicant served 1 year in a TPU after his REFRAD, he is not entitled to have that service included on his DD Form 214 as it was not active duty service and it occurred after the DD Form 214 was issued. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the entry 94M2O RADAR REPAIRER 1 YRS 10 MOS//35M1O HUMINT...
ARMY | BCMR | CY2014 | 20140006781
The applicant requests her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended. The records clearly show the applicant's MOS was 35M, HUMINT Collector, not Radar Repairer (MOS 94M). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to show the applicant's military education as 35M - Human Intelligence (HUMINT) Collector Course, 18 weeks and 3 days, 2011.
ARMY | BCMR | CY2014 | 20140004803
The applicant requests correction of her: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 May 2008 to show she completed her first term of service * discharge orders from the U.S. Army Reserve (USAR), dated 23 November 2011, to show she was medically retired vice medically disqualified * records to show she was separated/discharged/retired in the rank/grade of sergeant (SGT)/E-5 vice specialist (SPC)/E-4 2. The applicant provides: * her DD Form...
ARMY | BCMR | CY2014 | 20140008916
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. The information contained in item 11 of his DD Form 214 could only reflect the MOSs he held for the current period of service and that correcting this entry would show he held certain MOS(s) for a period less than currently shown on the DD Form 214. Therefore, based on his service in support of OIF and his MSM award, his DD Form 214 should now be corrected by: a....
ARMY | BCMR | CY2011 | 20110020571
The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 16 March 2000 for 8 years. With respect to correction to items 12a, 12d, and 12e of his 2007 DD Form 214, the evidence of record shows he enlisted in the USAR on 16 March 2000 for 8 years. With respect to correction to his 2007 DD Form 214 for removal of the entry "Subject To AD Recall" from Item 18, the evidence shows at the time of his REFRAD on 5 October 2007 he had a MSO of 15 March 2008.
ARMY | BCMR | CY2011 | 20110011516
The applicant states he served in MOS 35M while on active duty, but his DD Form 214 shows he served as an 88M. Orders 301-408, issued by the TXARNG, dated 27 October 2008, ordered the applicant to active duty in support of Operation Enduring Freedom (OEF) for a period not to exceed 400 days, effective 25 November 2008. His DD Form 214 shows he completed 1 year and 27 days of net active service this period.
ARMY | BCMR | CY2009 | 20090019780
The applicant requests correction of her military records to show that she was retired due to a physical disability. On 23 June 2008, the applicant requested discharge under the provisions of Army Regulation 635-200, chapter 8 due to pregnancy. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army.
ARMY | BCMR | CY2008 | 20080001348
His commander initiated an informal investigation to determine if his reenlistment was fraudulent; c. the applicant did not deliberately conceal any disqualifying factor in his reenlistment. Army Regulation 635-200 (Personnel Separations) set forth the basic authority for the separation of enlisted personnel. The IO determined that the applicant's reenlistment was neither fraudulent nor defective; rather, an erroneous reenlistment.