IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130015850
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 basic training time.
2. The applicant states the information is incorrect and this is precluding her eligibility for medical benefits.
3. The applicant provides her DD Form 214 and pages 2 and 3 of her DA Form 2-1 (Personnel Qualification Record-Part II).
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 New York Army National Guard (ARNG) on
4 May 1984 for 6 years.
3. Item 35 (Record of Assignments) of her DA Form 2-1 shows she attended Basic Combat Training (BCT) from 29 June 1984 to 24 August 1984, a period of 1 month and 26 days. She then returned to her ARNG unit. Item 18 (Advancements and Reductions) shows she was advanced to pay grade E-2 on 16 February 1985.
4. Her DD Form 214 shows she attended advanced individual training between 29 July 1985 and 18 September 1985, a period of 1 month and 20 days.
5. The DD Form 214 also shows:
a. the entry "See Item #18" in several places, including item 12d through 12i.
b. the applicant was relieved from active duty training in accordance with Army Regulation (AR) 635-200 (SeparationsEnlisted Separations), paragraph 16-9a;
c. she was separated on temporary records; and
d. a DD Form 215 (Correction to DD Form 215) was to be issued to provide the missing information.
6. There is no DD Form 215 in the available records.
7. AR 635-200, paragraph 16-9a, as then in effect, provided that Reserve Component Soldiers completing initial active duty training could be released earlier than the date specified in their orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that her basic training time is not reflected on her
DD Form 214.
2. She attended BCT for 1 month and 26 days which should be shown on her DD Form 214 as Total Prior Active Duty (item 12d).
3. She served on inactive duty from 4 May 1984 to the date of the DD Form 214 minus the time spent on active duty training or 1 year, 1 month, and 1 day. This should be shown on her DD Form 214 as Total Prior Inactive Service (item 12e).
4. Since the applicant had just completed initial active duty for training she would not have had any Foreign Service (item 12f) or Sea Service (item 12g). Therefore, item 12f and item 12g of her DD Form 214 should be corrected to show the entry 00 00 00, indicating she had no foreign or sea service during the period covered by the DD Form 214.
5. Her DA Form 2-1 shows that she was advanced to pay grade E-2 on 16 February 1985 which establishes the Effective Date of Pay Grade for item 12h.
6. She enlisted for 6 years on 4 May 1984 which establishes her Reserve Obligation Termination Date. Therefore, item 12i should be corrected to show her obligation termination date as 3 May 1990.
7. In view of the foregoing , it would be appropriate to correct the applicant's DD Form 214 as recommended below.
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:
a. deleting the current entries from items 12d through 12i of her DD Form 214 and replacing item
* 12d with the entry "00 01 26"
* 12e with the entry "01 01 01"
* 12f with the entry "00 00 00"
* 12g with the entry "00 00 00"
* 12h with the entry "85 02 16"
* 12i with the entry "90 05 03"
____________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) AR20130015850
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ABCMR Record of Proceedings (cont) AR20130015850
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