BOARD DATE:	  29 July 2014

		DOCKET NUMBER:  AR20130020403 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 June 2009 to show the following:

	a.  Item 11 (Primary Specialty) – "9 Years, 6 Months" instead of "7 Years, 1 Month."

	b.  Item 12a (Date Entered AD This Period) – "October 2001" instead of "11 November 2005."

	c.  Item 12c (Net Active Service This Period) – All of his service from 2001 to his retirement in 2009.

2.  The applicant provides:

* Warrant Officer Appointment Memorandum, dated 24 October 2001
* DA Form 71 (Oath of Office – Military Personnel), dated 24 October 2001
* DD Forms 214, dated 30 June 2009 and 23 October 2001

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.  With prior enlisted service in the Regular Army (RA), the applicant accepted an appointment as a Reserve warrant officer one (WO1) on 24 October 2001 and entered on active duty.

3.  The applicant's Officer Record Brief shows he completed the Network Management Technician Warrant Officer Basic Course in 2002.  It also shows that he was awarded Network Management Technician military occupational specialty on 2 May 2002.

4.  He was promoted to chief warrant two (CW2) on 24 October 2003.

5.  On 11 November 2005, U.S. Army Human Resources Command Order           60-2-A-80 was published vacating the applicant's Reserve appointment as a commissioned warrant officer and appointing him as a CW2 in the RA.  He was promoted to chief warrant three (CW3) on 1 July 2007.

6.  Headquarters, U.S. Army Garrison Orders 280-0003 were published on 6 October 2008 releasing the applicant from active duty effective 30 June 2009 and placing him on the retired list effective 1 July 2009.

7.  Item 11 on the DD Form 214 the applicant received shows he was awarded a Network Management Technician primary specialty and that he served in that specialty for 7 years and 1 month.  Item 12a on his DD Form 214 shows he entered active this period on 11 November 2005 and Item 12c shows he completed 3 years, 7 months, and 20 days of net active service this period.  Item 12d shows he had 17 years, 3 months, and 1 days of total prior active service.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It states:

	a.  Item 11 – Enter the titles of all military occupational specialties (MOS) or area of concentration (AOC) served in for at least one year and include the number of years and months served.

	b.  Item 12a – Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.

	c.  Item 12c – Enter the amount of service this period, computed by subtracting item 12a from 12b.

	d.  Item 12d (Total Prior Active Service) – From previously issued DD Forms 214, enter total amount of prior active military service, less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The applicant's ORB shows he was awarded his MOS on 2 May 2002.  His DD Form 214 properly shows he served in his MOS for 7 years and 1 month.

3.  The available records show that he entered active duty as a Reserve WO1 on 24 October 2001 and he had no break in service from the time he accepted his appointment as a Reserve WO1 until he was released from active duty on 
30 June 2009.  His DD Form 214 incorrectly shows he entered active duty on 
11 November 2005.  Therefore, his net active service this period is incorrect and his total prior active service is incorrect.  This service should be corrected on his DD Form 214.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 dated 30 June 2009 to show in:

	a.  Item 12a "24 October 2001";

	b.  Item 12c "7 Years, 8 Months, 6 Days"; and

	c.  Item 12d (Total Prior Active Service) – "13 Years, 2 Months, 14 Days."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 11 on his 
DD Form 214 to show "9 Years, 6 Months."



      _______ _   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)                                         AR20130020403



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ABCMR Record of Proceedings (cont)                                         AR20130020403



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