IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019249
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 her year of discharge as 1996.
2. The applicant states her DD Form 214 has the correct net active service but the year of discharge was entered incorrectly.
3. The applicant provides a copy of her DD Form 214.
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. Records show the applicant entered the Regular Army on 15 January 1991. She completed her initial training and served on active duty until she was discharged due to a physical disability.
3. Orders 352-01, Fort Huachuca, AZ, dated 18 December 1995, directed the applicant to be reassigned to the U.S. Army Transition Point for transition processing and discharge no later than 25 January 1996.
4. Records at the Defense Finance and Accounting Service show her last paid day of active duty service was 25 January 1996.
5. The applicant's DD Form 214 shows in item 12 (Record of Service) that she entered active duty on 15 January 1991, was separated from active duty on
25 January 1995, and she had completed 5 years and 11 days of net active service.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that Item 12 will contain a record of the Soldier's dates and length of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her year of discharge as 1996.
2. The evidence of record clearly shows the applicant served on active duty from 15 January 1991 through 25 January 1996 (a total of 5 years and 11 days). However, the year of discharge is incorrectly listed on her DD Form 214 as 1995.
3. In view of the above, the applicant's DD Form 214 should be corrected to show the entry "96 01 25" in item 12b.
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 the entry in item 12b and adding the entry "96 01 25."
_______ _ _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) AR20110019249
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110019249
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070018866
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Southwest Asia as 1990 11 29 to 1991 06 25 instead of "1991 10 01 to 1992 06 25. 2. She was subsequently ordered to initial active duty for training on 15 November 1974. In view of the foregoing evidence, it appears that the applicant served in Southwest Asia from 2 January 1991 to 25 June 1991 and is therefore entitled to correction of her record to show...
ARMY | BCMR | CY2011 | 20110002228
Correction of her records as follows: * void her discharge from the USAR * issue her a 20-year letter for having completed 15 qualifying years of service * authorize her Regular Army retirement pay effective 12 April 1996 * authorize her access to the Selected Reserve Transition Benefits Program (SRTBP) * authorize her separation pay * reinstate her commission and reassign her to the Retired Reserve effective 12 April 1996 * correct her military records to include anything that contains...
ARMY | BCMR | CY2012 | 20120013257
The applicant requests the DD Form 214 (Certificate of Release from Active Duty) covering the period 22 August 1989 through 23 September 1992 be voided. The applicant states: * The period covered on this DD Form 214 is already included on another DD Form 214 from 22 August 1989 to 21 May 1999 * She was issued this DD Form 214 after being placed on the temporary disability retired list (TDRL) * A subsequent TDRL examination found her fit for duty; accordingly, she reenlisted in the Regular...
ARMY | BCMR | CY2009 | 20090008106
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 January 2001, as follows: a. item 12a (Date Entered AD (Active Duty) This Period) to show 1 September 1995 instead of 25 October 1989; b. item 12c (Net Active Service This Period) to show 5 years, 4 months, and 24 days instead of 11 years and 3 months; and c. item 12h (Effective Date of Pay Grade) to show the date as 31 August 1997 instead of 15 July 2000. The regulation...
ARMY | BCMR | CY2015 | 201500000462
She also provided copies of the following: * Orders Number 153-052, issued by Headquarters, 99th USAR Command on 6 June 1990, ordering her to active duty training to attend the Primary Leadership Development Course (PLDC) * PLDC diploma, dated 11 August 1990 * Army Reserve Component Achievement Medal certificate for the period 22 September 1987 through 21 September 1991 * Orders Number 96-110-046, issued by Headquarters, USAR Command on 19 April 1996, honorably discharging her from the USAR...
ARMY | BCMR | CY2011 | 20110010285
The applicant provides: * self-authored statements * DD Form 214 (Certificate of Release or Discharge from Active Duty) * extracts from her military personnel records. The applicant's record is void of evidence showing she enlisted in the U.S. Army Reserve subsequent to her discharge. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be...
ARMY | BCMR | CY2012 | 20120000026
The applicant requests correction of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 December 1993 and 8 May 2000, as follows: * Item 12d (Total Prior Active Service) * Item 12e (Total Prior Inactive Service) * Item 13 (Decorations, Medals, Badges, Citations, and Campaigns Ribbons Awarded or Authorized) * Army Good Conduct Medal (2nd Award) * Army Reserve Components Achievement Medal 2. The applicant provides: * 1993 and 2000 DD Forms 214 *...
ARMY | BCMR | CY2012 | 20120005137
Her DD Form 214 for this period of service shows she completed 4 months and 19 days of creditable active service. The DD Form 214 she was issued at the time shows in: * Item 12a (Date entered active duty this period) "2000 02 11" * Item 12b (Separation Date this Period) "2004 01 20" * Item 12c (Net Active Service this Period) "0003 11 10 * Item 12d "SEE BLOCK #18" * Item 12e "SEE BLOCK #18" * Item 18 the following entries: * SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND...
ARMY | BCMR | CY2010 | 20100007449
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her foreign service and award of the Southwest Asia Service Medal (SWASM) with one bronze service star. The applicant's request for correction of her record to show her foreign service and award of the SWASM with one bronze service star is supported by the evidence. Based on her service in Kuwait, she is also entitled to correction of her DD Form 214 to show her period of...
ARMY | BCMR | CY2008 | 20080007693
The applicant requests reconsideration of the Boards denial of her request to correct her separation document (DD Form 214) to show that her pay grade was E-4 upon her release from active duty and to reflect that she participated in Operation Desert Shield/Desert Storm. The DD Form 215 dated 18 March 1997 shows that the applicant's record was corrected to show specialist four, E-4. As a result, the Board recommends that all Department of the Army records of the individual concerned be...