IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020065
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 the date of entry on her 17 August 2012 DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to 18 August 2008.
2. The applicant states that her beginning date of active duty service is incorrectly shown on her DD Form 214for the period ending 17 August 2012 its hows 15 May 2005, when the correct date is 18 August 2008. She further states that 15 May 2005 is the date that she was commissioned as a second lieutenant (2LT); she served in the Individual Ready Reserve (IRR) from that date until 18 August 2008 because she received an educational delay to attend law school. She is a civilian employee of the Army Corps of Engineers and the Army Benefits Center refuses to allow her to "buy Back" her 4 years of active duty military service (for retirement purposes) because the dates of her active duty service as listed on her DD Form 214 do not match the dates of active duty service that she is requesting to buy back. If the DD Form 214 is not corrected, she will not be allowed to take advantage of a significant benefit to which she is otherwise entitled.
3. The applicant provides the following:
* DD Form 214
* Orders to active duty
* Law school transcript
* Letter of Appointment
* 2LT Oath of Office
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she enlisted in the U.S. Army Reserve (USAR) Control Group (Reserve Officers' Training Corps (ROTC)) as a cadet on 17 December 2002. On 15 May 2005, she was discharged from the USAR Control Group (ROTC) for the purpose of accepting a commission in the U.S. Armed Forces.
2. On 15 May 2005, she was appointed as a 2LT in USAR, Adjutant General Corps.
3. On 14 May 2007, she was promoted to first lieutenant (1LT).
4. The applicant's law school transcript shows that her Juris Doctor degree in Law was conferred on 8 June 2008.
5. U.S. Army Human Resources Command (USAHRC), St. Louis, MO, Orders A-07-813102, dated 14 July 2008, show she was ordered to active duty with a report date of 18 August 2008 for the purpose of fulfilling an active duty requirement in a voluntary indefinite status.
6. The applicant's AHRC Form 249-E (Chronological Statement of Retirement Points) shows she did not have any periods of active duty service during the period 15 May 2005 to 18 August 2008.
7. On 23 April 2009, she was promoted to captain (CPT).
8. The applicant's first DA Form 67-9 (Officer Evaluation Report (OER)) was rendered for the period 18 August 2008 through 17 August 2009.
9. Joint Base Myer - Henderson Hall, Arlington, VA, Orders 220-0001, dated 7 August 2012, show the applicant was discharged from active service on 17 August 2012 in the grade of CPT.
10. Her DD Form 214 shows the following:
* Item 12a, (Date Entered Active Duty This Period) - 2005 05 15 (15 May 2005)
* Item 12b (Separation Date This Period) - 2012 08 17 (17 August 2012)
* Item 12c (Net Active Service This Period) - 0004 00 00 [indicating 4 years]
11. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized procedures for preparation and distribution of the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 12 requires the preparer to enter the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued. Additionally, item 12c is the amount of service this period, computed by subtracting item 12a from item 12b.
DISCUSSION AND CONCLUSIONS:
1. It appears that an error exists on the applicant's DD Form 214 because she was attending law school on the date of entry shown in item 12a.
2. The applicant's orders to active duty, as well as her OER, verify her date of entry on active duty should be shown as 18 August 2008. This date coincides with her net active service.
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 deleting from item 12a of her DD Form 214 the current entry and replacing it with the entry 18 August 2008.
___________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) AR20130020065
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ABCMR Record of Proceedings (cont) AR20130020065
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