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
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ABCMR Record of Proceedings (cont) AR20110021260
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