Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130018804
Original file (20130018804.txt) Auto-classification: Denied

	
		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 applicant’s 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018804



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090011525

    Original file (20090011525.txt) Auto-classification: Approved

    This form shows her last name as "C-------" and her first name as "J--------." This form shows her last name as "C------" and her first name as "J--------." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing the applicant a DD Form 214 that captures her period of ADT from 6 January 2008 through 19 January 2008 with an entry-level status characterization of service; and b. reissuing the applicant an Honorable...

  • ARMY | BCMR | CY2006 | 20060011502

    Original file (20060011502.txt) Auto-classification: Approved

    Upon completion of this 106 day period of active duty training she was released from active duty training with an uncharacterized separation under the provisions of Army Regulation 635-200, chapter 4 for "Completion of Required Active Service" and assigned a Separation Program Designator (SPD) Code of "MBK." Chapter 4 of the regulation provides the guidance for "Separation for Expiration of Service Obligation" and states that a Soldier will be discharged or released from active duty upon...

  • ARMY | BCMR | CY2002 | 2002072241C070403

    Original file (2002072241C070403.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. It appears the applicant may have been ordered to initial ADT for the split training option, in which case she would have been considered an entry-level soldier until 90 days after beginning AIT.

  • ARMY | BCMR | CY2012 | 20120020878

    Original file (20120020878.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 August 1985 to show her character of service as "honorable" instead of "uncharacterized." He or she will only receive a DD Form 220; and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. When separated within the first 180 days, service is usually not characterized unless the...

  • ARMY | BCMR | CY2013 | 20130010359

    Original file (20130010359.txt) Auto-classification: Denied

    The DD Form 214 he was issued at the time of release from ADT shows he completed 2 months and 23 days of active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable...

  • ARMY | BCMR | CY2010 | 20100000887

    Original file (20100000887.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the correct time in service and character of service. The DD Form 214 he was issued shows he was released from ADT under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration term of service, with an uncharacterized character of service. The DD Form 214 will be prepared for selected Soldiers, among which...

  • ARMY | BCMR | CY2013 | 20130020663

    Original file (20130020663.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from the U.S. Army Reserve (USAR) to show his active duty time while he was in boot camp (63 days), advanced individual training (AIT) (91 days), and to show "Honorable" discharge. An error was made to his active duty service orders when ordered to his initial active duty for training (IADT) which caused an incorrect entry of the net active duty time served on his DD Form 214. It...

  • ARMY | BCMR | CY2008 | 20080013532

    Original file (20080013532.txt) Auto-classification: Approved

    Item 15b (High School Graduate or Equivalent) of her DD Form 214 be corrected to "YES"; c. Item 17 (Member Was Provided a Complete Dental Examination and All Appropriate Dental Services and Treatment Within 90 Days Prior To Separation) of her DD Form 214 be corrected to "YES;" and d. her characterization of service be changed to Honorable. The DD Form 214 shows she completed 2 months and 11 (71 days) days of prior active service. The dental appointment form the applicant provided is...

  • ARMY | BCMR | CY2008 | 20080019293

    Original file (20080019293.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). In this case, the applicant's record confirms she completed the AIT portion of her split training that resulted in her being awarded MOS 94B between 11 June and 16 August 1986, which is properly recorded in Items 12a and 12c of her DD Form 214. The applicant’s record also shows that she completed the basic training portion of her IADT between 5 June and 7 August 1985 which is properly documented on...

  • ARMY | BCMR | CY2005 | 20050017141C070206

    Original file (20050017141C070206.doc) Auto-classification: Approved

    Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of item 12a (Date entered AD This Period), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1987, to show the entry "1986 01 17" (17 January 1986). The applicant states, in effect, that his records reflect that he entered active duty (AD) on 23 June 1987; however, he...