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
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ABCMR Record of Proceedings (cont) AR20130004473
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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