BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018804
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 12a that she entered active duty on 11 June 1998 instead of 16 July 1999.
2. The applicant states that her DD Form 214 incorrectly reflects that she entered active duty on 16 July 1999; however, she entered active duty on
11 June 1998 when she went to basic training. She goes on to state that she returned to active duty to complete advanced individual training (AIT) on 16 July 1999 under the split training program.
3. The applicant provides copies of her DD Forms 214, orders ordering her to active duty training (ADT), and orders awarding her a military occupational specialty (MOS).
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 U.S. Army Reserve (USAR) on 30 January 1998 for training as an administrative specialist under the split-training option. She was ordered to initial ADT on 11 June 1998 to attend basic training at Fort Leonard Wood, Missouri. She served 1 month and 26 days and was released from ADT and was returned to her USAR unit.
3. On 16 July 1999, she was again ordered to initial ADT to attend AIT as an administrative specialist at Fort Jackson, South Carolina. She completed her AIT and was released from active duty on 28 August 1999 and was returned to her USAR unit. She had served 1 month and 13 days of active service and was issued a DD Form 214 showing her prior active and inactive service.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that a DD Form 214 will be issued for Reserve Component Soldiers completing initial ADT that results in the award of an MOS, even when the active duty period was less than 90 days. This includes completion of AIT under the USAR Split-Training Program.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to show that she entered active duty on 11 June 1998 instead of 16 July 1999 has been noted.
2. While the applicant did in fact enter active duty for training on 11 June 1998, she did so under the split-training program and the initial entry was to attend basic training and not to attain MOS certification.
3. The applicable regulation specifically provides that a DD Form 214 will not be issued for initial ADT of less than 90 days unless the individual concerned is awarded an MOS as a result of the ADT.
4. Therefore, the applicants DD Form 214 is correctly prepared and there is no basis to grant her request.
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) AR20130018804
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ABCMR Record of Proceedings (cont) AR20130018804
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