IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110019872 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show additional service credit.

2.  The applicant states his first year at the U.S. Military Academy (USMA), which was his second year of military service, is not included on his DD Form 214.

3.  The applicant provides his USMA transcript.

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 U.S. Army Reserve (USAR) on 14 July 2006.  His enlistment contract shows he enlisted for the purpose of being placed on active duty to attend the USMA Preparatory School, Fort Monmouth, NJ, class of 2007.

3.  On 14 July 2006, he entered active duty in an enlisted status at Fort Monmouth, NJ, and successfully completed the 42-week USMA Preparatory Course.

4.  On 1 July 2007, Headquarters, USMA, West Point, NY, published Orders Number 182-25 honorably releasing the applicant from active duty and assigning him to the USAR Control Group (Reinforcement), effective 1 July 2007.

5.  He was honorably released from active duty on 1 July 2007 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 for this period of service shows in:

* Item 12a (date Entered Active Duty This Period) - "2006  07  14"
* Item 12b (Separation Date This Period) - "2007  07  01"
* Item 12c (Net Active Service This Period) - "0000  11  18"

6.  Subsequent to completion of the Preparatory Course, he entered the USMA as a cadet on 2 July 2007.  He was honorably discharged on 28 August 2008 after having submitted an unqualified resignation.  His DD Form 214 for this period of service shows in:

* Item 12a - "2007  07  02"
* Item 12b - "2008  08  28"
* Item 12c - "0001  01  27"
* Item 12d (Total Prior Active Service) - "0000  11  18"

7.  He provides his college transcripts, dated 28 August 2008, that show he:

* Attended cadet basic training in the summer term, 2007/2008
* Completed multiple courses in the first term, 2007/2008
* Completed multiple courses in the second term, 2007/2008
* Completed a course in the third term, 2007/2008
* Completed a course in the summer term, 2008/2009

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served on active duty in an enlisted status and attended the USMA Preparatory School from 14 July 2006 through     1 July 2007 and he was issued a DD Form 214 that captured this period of active duty.  

2.  He again entered active duty as a cadet at the USMA on 2 July 2007 and he was honorably discharged from active duty by reason of unqualified resignation on 28 August 2008.  He completed 1 year, 1 month, and 27 days of creditable active service during the period covered by his DD Form 214 as follows:

* item 12a correctly reflects the entry "2007  07  02" (the date he entered active duty as a cadet)
* item 12b correctly reflects the entry "2008  08  28" (the date he was discharged)
* item 12c correctly reflects the entry "0001  11  18" (the total active service from the date he entered active duty as a cadet to the date he was discharged)
* item 12d reflects an entry of "0000  11  18" which is his total prior enlisted active service
* when combining his net active service in item 12c with his total prior active service in item 12d, it equates to 2 years, and 15 days of total creditable active service

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The applicant's DD Form 214 correctly reflects his record of service and contains no errors.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  Both of his DD Forms 214 correctly reflect his record of service and contain no errors.  Therefore, there is no basis for granting the applicant's requested relief.

4.  A copy of his first DD Form 214 will be provided to him.




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)                                         AR20110019872



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ABCMR Record of Proceedings (cont)                                         AR20110019872



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