Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004473
Original file (20130004473.txt) Auto-classification: Approved

	

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130004473 


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 item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, her DD Form 214 shows that she entered active duty on 29 September 2009 and that she was discharged on 5 February 1995.  This is an obvious error because these dates show that she entered AD after she was discharged.  The year she entered active duty should read "94."

3.  The applicant provides a copy of her DD Form 214 and a letter from the Retirement Services Office, dated 7 December 2012.

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 accepted a commission as a second lieutenant (2LT) in the U.S. Army Reserve on 30 April 1994.

3.  Her Army Military Human Resource Record (AMHRR) contains a DA Form 1059 (Service School Academic Evaluation Report), dated 2 February 1995, which shows she attended the Military Police Officer Basic Course from 
2 October 1994 to 2 February 1995.

4.  On 5 February 1995, she was released from active duty training.  Her DD Form 214 shows in:

	a.  Item 12a, the entry "09  09  29";

	b.  Item 12b (Separation Date this Period), the entry "95  02  05"; and

	c.  Item 12c, the entry "00  04  07" (4 months, and 7 days).

5.  The Soldier Management System (SMS) database shows the applicant entered active duty on 30 September 1994. 

5.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  This regulation specifies that for:

   a.  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;

	b.  Item 12b, enter the date of separation from active duty; and

	c.  Item 12c, the net service for the period shown is computed by subtracting item 12a from item 12b and then deducting any time lost and non-creditable service after date of discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her entry date on active duty be corrected to show 
29 September 1994.

2.  The record shows she began a period of active duty on 30 September 1994 prior to her attendance at the officer basic course for the period 2 October 1994 to 2 February 1995.  Her DD Form 214 effective 5 February 1995 shows that she entered active duty on 29 September 2009 which is an apparent error; therefore, it would be appropriate to correct item 12a of her DD Form 214 to show the entry "94  09  30" which is in concurrence with her training dates.

3.  Based on the above, she should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting her DD Form 214 for the period ending 5 February 1995 by deleting the current entry from Item 12a and replacing it with the entry "94  09  30."

2.   The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the date she entered on active duty to read "94  09  29."




      _______ _  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)                                         AR20130004473





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004473



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090017825

    Original file (20090017825.txt) Auto-classification: Approved

    The applicant requests correction to the entries in item 12 (Record of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 1998. Item 12b (Separation Date This Period) - "2002 10 01"; c. Item 12c (Net Active Service This Period) - "0011 00 00"; d. Item 12d (Total Prior Active Service) - " 0000 06 00," based on her Army National Guard (ARNG) service; e. Item 12e (Total Prior Inactive Service) - "0004 00 00," based on 1 year of...

  • CG | BCMR | Other Cases | 2010-191

    Original file (2010-191.pdf) Auto-classification: Denied

    of COMDTINST M1900.4D state that it should reflect the “date of entry on active duty.” Block 12a of the applicant’s DD 214 cur- rently shows his reenlistment date, December 10, 1992, and he argues that it should be his origi- nal date of entry on active duty, August 29, 1983. of COMDTINST M1900.4D states that block 12c of a DD 214 should reflect “the years, months, and days of service creditable for basic pay purposes for the period from date entered active duty this period (block 12a)...

  • ARMY | BCMR | CY2012 | 20120011595

    Original file (20120011595.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Her DD Form 214 shows in: * item 12a (Date Entered Active Duty This Period) – 1 February 1995 * item 12b (Separation Date This Period) – 15 November 2004 * item 12c (Net Active Service This Period) – 9 years, 5 months, and 14 days 4. The evidence of record shows the applicant enlisted in the Regular Army on 1 February 1995 and was discharged on 15 November 2004, a period of 9 years, 9 months, and 15 days.

  • ARMY | BCMR | CY2010 | 20100014915

    Original file (20100014915.txt) Auto-classification: Approved

    The applicant provides the following documentary evidence in support of her application: a. a DD Form 214 for the period ending 23 November 1993; b. two DA Forms 4187 (Personnel Action), dated 22 October 1993 and 2 September 1994; c. an award memorandum, dated 13 July 1996; d. Orders D-09-048434 issued by U.S. Army Reserve Personnel Command (ARPERSCOM) on 5 September 2000; e. seven sets of active duty for training (ADT), annual training (AT), or active duty special work (ADSW) orders; f....

  • ARMY | BCMR | CY2009 | 20090008859

    Original file (20090008859.txt) Auto-classification: Approved

    The applicant requests the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty): a. This information is recorded in Item 29 (Dates of Time Lost During This Period) of his DD Form 214. The applicant requests correction of his DD Form 214 to reflect that he entered AD on 17 August 1995 and that he served 3 years and 6 days.

  • ARMY | BCMR | CY2010 | 20100024012

    Original file (20100024012.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) for the period ending 26 August 2001 by amending item 12a (Date Entered AD) This Period) to show 21 February 1995. His record contains a third DD Form 4 that shows he reenlisted in the RA on 27 August 1997, for 4 years. Based on the dates contained on his DD Form 4, it would be appropriate to amend item 12a of his DD Form 214 for the period ending 26 August 2001 to show 7...

  • ARMY | BCMR | CY2010 | 20100020940

    Original file (20100020940.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of items 12a (Dated Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 March 2006. Item 12a of the applicant's DD Form 214 for the period ending 9 March 2006 shows the entry "2005 09 11" [11 September 2005]. DISCUSSION AND CONCLUSIONS: The applicant's retirement points detail statement which shows she was ordered to...

  • ARMY | BCMR | CY2010 | 20100020207

    Original file (20100020207.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in four applications, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her correct dates of being absent without leave (AWOL) and to show her correct date of enlistment. Therefore, it would be appropriate to correct her DD Form 214 to show her correct dates of AWOL.

  • ARMY | BCMR | CY2012 | 20120000026

    Original file (20120000026.txt) Auto-classification: Approved

    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 | CY2009 | 20090014475

    Original file (20090014475.txt) Auto-classification: Approved

    The applicant requests, in effect, that Item 11 (Primary Specialty) and Item 12a (Date Entered AD This Period) of her 26 January 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The evidence of record confirms the applicant entered active duty during the period covered by the DD Form 214 on 27 January 1994. The applicant's contention that time served in her MOS entered in item 11 of her DD Form 214 should be corrected to coincide with the time she...