Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110021260
Original file (20110021260.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20110021260 


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 date of entry as 15 July 1990 instead of 29 July 1990.

2.  The applicant states her date of entry is incorrect.

3.  The applicant provides:

* Orders R-06-003229 (Active Guard Reserve (AGR))
* Orders R-06-003229A01 (amendment)

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's records show she enlisted in the Army National Guard (ARNG) on 7 April 1982.  She served on active duty for training from 11 June 1982 through 1 October 1982 and she held military occupational specialty 94B (Food Service Specialist).

3.  She was separated from the ARNG on 2 April 1983 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining service obligation.

4.  She executed a 6-year reenlistment in the USAR on 6 March 1988.

5.  On 14 June 1990, the USAR Personnel Center, St. Louis, MO, published Orders R-06-003229 ordering her to active duty in an AGR status with a reporting date of 6 August 1990 to the 319th Signal Battalion, Stockton, CA, and with a period of temporary duty (TDY) at Fort McCoy, WI, from 29 July 1990 to 3 August 1990.

6.  On 21 June 1990, the USAR Personnel Center, St. Louis, MO, published Orders R-06-003229A01, amending her:

* reporting date from 6 August 1990 to 23 July 1990
* period of TDY from "29 July 1990-3 August 1990" to "15 July 1990-20 July 1990"

7.  There is no indication of the exact date she entered active duty in her records. Nevertheless, she served through multiple reenlistments and she ultimately retired on 31 October 2011 and was placed on the Retired List in the rank/grade of sergeant first class/E-7 on 1 November 2011.  Her DD Form 214 shows in:

* item 12a (Date Entered Active Duty This Period) – "1990  07  29"
* item 12b (Separation Date This Period) – "2011  10  31"
* item 12c (Net Active Service This Period) – "0021  03  16"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Furthermore, it states for:
* 
item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued
* item 12b, enter the Soldier's transition date, less time lost
* item 12c, enter the amount of active service this period, computed by subtracting item 12a from 12b, less time lost

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued orders to active duty in the USAR AGR Program with a reporting date of 6 August 1990 to her permanent duty station preceded by a period of TDY from 29 July to 3 August 1990.  Her orders were amended to show a reporting date of 23 July 1990 preceded by an adjusted TDY period from 15 to 20 July 1990.

2.  There is no clear indication of her exact date of entry on active duty.   However, Soldiers ordered to active duty in an AGR status routinely attend training at the Army Reserve Readiness Training Center prior to entering active duty.  Any reasonable doubt as to her beginning this training in an active duty status on 15 July 1990 should be resolved in her favor, and her DD Form 214 should be amended accordingly.

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 amending item 12a of her DD Form 214 for the period ending 31 October 2011 to 

show she entered active duty on 15 July 1990 and amending item 12c as appropriate.



      _______ _   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)                                         AR20110021260



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021260



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140003795

    Original file (20140003795.txt) Auto-classification: Denied

    However, his records indicate Orders Number R-08-786284, issued by the U.S. Army Human Resources Command (HRC), on 20 August 2007, ordered him to active duty in an Active Guard Reserve (AGR) status for a period of 3 years, reporting on 10 September 2007 and terminating on 17 October 2010. On 16 September 2010, he executed a 6-year reenlistment in the USAR and on 17 September 2010, HRC published Orders R-09-088446 releasing him from active duty and discharging him for the purpose of...

  • ARMY | BCMR | CY2009 | 20090014035

    Original file (20090014035.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of Item 12c (Net Service This Period) and Item 12e (Total Prior Inactive Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 2009. The statement also shows she served continuously in the USAR not on active duty from 24 June 1982 to 3 June 2005, a period of 22 years, 11 months, and 11 days. The evidence shows the applicant enlisted in the USAR, not on active duty, on 24 June 1982 and...

  • ARMY | BCMR | CY2008 | 20080010739

    Original file (20080010739.txt) Auto-classification: Approved

    The applicant requests that item 12a (Date Entered AD [Active Duty] This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 June 2004 instead of 2 June 2005. Therefore, item 12a on her DD Form 214 should be corrected to show she entered active duty on 6 June 2004. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.

  • ARMY | BCMR | CY2011 | 20110002341

    Original file (20110002341.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her missing time and training. The applicant states, in effect, she completed training that is not shown on her DD Form 214. It provides a brief, clear-cut record of active Army service at the time of released from active duty, retirement or discharge.

  • ARMY | BCMR | CY2015 | 20150001287

    Original file (20150001287.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 12a (Date Entered AD (Active Duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 29 February 2004, to show "1 December 1996" instead of "3 August 1997." Notwithstanding the unavailability of his service dates from DFAS, the preponderance of the evidence (AGR orders and Retired Points Statement) support his...

  • ARMY | BCMR | CY2011 | 20110012581

    Original file (20110012581.txt) Auto-classification: Approved

    She further requests, in effect, that a DD Form 215 (Correction to DD Form 214) dated 25 January 1988 changing item 12c (Net Active Service This Period) be voided. The applicant states item 12a (Date Entered Active Duty This Period) of her DD Form 214 has a typographical error in that it should show the year as "83" instead of "82." _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...

  • ARMY | BCMR | CY2011 | 20110014170

    Original file (20110014170.txt) Auto-classification: Approved

    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. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2010 | 20100026396

    Original file (20100026396.txt) Auto-classification: Approved

    The applicant requests correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct date she entered active duty (AD). Her DD Form 214 contains the following entries: * Item 12a – 2006 01 05 * Item 12c (Net Active Service This Period) – 0002 03 27 * Item 18 (Remarks) – PERIOD OF DEP: 20050826 - 20060104 5. The date entered in item 8a of her DD Form 4 was inadvertently transposed to item 12a of her DD Form 214.

  • ARMY | BCMR | CY2010 | 20100019756

    Original file (20100019756.txt) Auto-classification: Denied

    The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.

  • ARMY | BCMR | CY2009 | 20090018316

    Original file (20090018316.txt) Auto-classification: Approved

    The applicant requests the separation date on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 2008 be corrected to read 18 August 2008 instead of 31 August 2008. The applicant provides copies of her orders to active duty, the amendment to her order to active duty, and her DD Form 214. 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 with a...