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BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130017346
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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:
* item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) private first class (PFC)/E-3
* item 12b (Separation Date this Period) that she was released from active duty (REFRAD) on 15 July 2008 vice 13 July 2007
* item 12c (Net Active Service this Period) be corrected to show 1 year,
5 months, and 27 days of active duty service
2. The applicant states that she has orders and other documents proving that she was in the service on the date her DD Form 214 shows that she was REFRAD. Her Advanced Individual Training (AIT) graduation date was incorrectly used as her discharge date. Further, she was promoted twice at her unit, and was a PFC on the date she was discharged.
3. The applicant provides a timeline of her military service and her discharge orders from the U.S. Army Reserve (USAR).
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. Her record shows she enlisted in the USAR for a period of 8 years on
28 December 2006 in the rank/pay grade of private (PV1)/E-1.
3. The applicant's DD Form 214 shows she:
* entered active duty for the purpose of completing initial entry training on 18 January 2007
* was released from active duty training (ADT) on 13 July 2007 and returned to her USAR unit
* completed 5 months and 26 days of net active service
* held the rank/pay grade of PV1/E-1 at the time she was released from ADT
4. Her Soldier Management System (SMS) record shows she was promoted to PFC on 28 December 2007.
5. The Defense Finance and Accounting Service (DFAS) confirmed the applicant was on active duty from 18 January to 13 July 2007 and she had no active service in 2008.
6. She provided a copy of Orders D162-01, dated 10 June 2008, that shows she was discharged from the USAR on 15 July 2008 due to a disability with severance pay.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD, or control of the active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record,
Enlisted/Officer Record Brief, or any other document authorized for filing in the official military personnel file. It states to enter in:
a. Item 12a - the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
b. Item 12b - the Soldier's transition date.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows she entered active duty for the purpose of completing initial entry training on 18 January 2007. She was honorably released from ADT on 13 July 2007 in the rank of PV1/E-1 and returned to her USAR unit.
2. Although she provided a copy of orders that show she was discharged from the USAR on 15 July 2008, DFAS records confirm she performed continuous active duty from 18 January to 13 July 2007. Subsequent to her release from ADT, she was promoted to PFC on 28 December 2007 which was after the period covered by her DD Form 214; therefore, her rank is correctly shown on her DD Form 214.
3. There is no evidence in the available record to show she served on continuous active duty beyond 13 July 2007. As such, her request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130017346
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017346
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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