IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130020530
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 October 2006 to show in item 2 (Department, Component, and Branch) that her component was U.S. Army Reserve (USAR) instead of Army National Guard of the United States (ARNGUS).
2. The applicant states, in effect, her DD Form 214 incorrectly reflects her component as "ARNGUS" instead of "USAR." She states she was never affiliated with the National Guard and she cannot be credited with her USAR active duty time because of the ARNGUS entry.
3. The applicant provides:
* DD Forms 214 for the period ending 26 October 2006, 6 October 2010, and 30 September 2012
* DD Form 4 (Enlistment/Reenlistment Document), dated 22 March 2006
* Defense Finance and Accounting Service (DFAS) Forms 702 (DFAS Military Leave and Earnings Statement) for the period between 28 April and 12 July 2006
* Orders 181-00030, issued by the U.S. Army Intelligence Center, Fort Huachuca, AZ
* DA Form 2-1 (Personnel Qualification Record)
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 USAR on 22 March 2006 for a period of 8 years. She was ordered to active duty for training (ADT) on 12 April 2006. She completed her training as an intelligence analyst and she was honorably released from active duty training on 26 October 2006 and she was returned to her USAR unit. She completed 6 months and 15 days of creditable active service during this period.
3. The DD Form 214 she was issued at the time of her release from ADT indicates in item 2 that her component was ARNGUS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 for the period ending
26 October 2006 incorrectly reflects her component as "ARNGUS" has been noted and found to have merit.
2. The applicant was serving in the USAR at the time she was ordered to ADT. However, at the time of her release from ADT her DD Form 214 was incorrectly prepared to show her component was ARNGUS instead of USAR.
3. In view of the foregoing, the applicant's DD Form 214 for the period ending
26 October 2006 should be corrected as recommended below.
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 2 of her DD Form 214 for the period ending 26 October 2006 the current entry and replacing it with the entry "ARMY/USAR."
_______ _ 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) AR20130020530
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020530
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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