BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20130021077 


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, in effect, correction of the entries in item 12d (Total Prior Active Service) of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 24 August 1987 and 23 June 1988.   

2.  She states, in effect, that the total prior active service shown on her DD Forms 214 is incorrect and as a result she is unable to file for benefits from the Department of Veterans Affairs.  She states she is homeless and living from one shelter to another with three small children.  

3.  She provides her DD Forms 214 for the periods ending 24 August 1987 and 23 June 1988 and her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).  

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.  On 20 February 1982, the applicant enlisted in the New Jersey Army National Guard (NJARNG).  

3.  Her Official Military Personnel File (OMPF) does not contain a DD Form 214 documenting her period of initial entry training (IET); however, her OMPF does contain a verified NGB Form 23 (Retirement Credits Record) showing her periods of active duty service, active duty training, or full-time training duty in column 5 as follows:

* 10 May to 2 December 1982 (6 months and 23 days)
* 11 to 25 June 1983 (15 days)
* 3 November 1984 (1 day)
* 26 May to 9 June 1984 (15 days)
* 10 to 24 August 1985 (15 days)
* 14 April 1984 (1 day)
* 18 to 19 January 1986 (2 days)
* 22 to 23 February 1986 (2 days)
* 15 to 16 March 1986 (2 days)
* 19 to 23 May 1986 (5 days)
* 27 to 30 May 1986 (4 days)
* 2 to 3 June 1986 (2 days)

Based on these periods, her total active service as of 2 June 1986 was 8 months and 29 days.

4.  On 6 June 1986, she entered active duty as an Active Guard Reserve (AGR) Soldier.  On 24 August 1987, she was honorably relieved from AGR duty after completing 1 year, 2 months, and 19 days of net active service this period.  Item 12d of the DD Form 214 issued at that time shows no prior active service.

5.  On 22 April 1988, she entered active duty for military occupational specialty (MOS) training.  On 23 June 1988, she was honorably released from active duty after completing MOS training.  Item 12d of the DD Form 214 issued at that time shows she had 1 year, 9 months, and 11 days of total prior active service.  

6.  Effective 25 January 1994, she was discharged from the NJARNG.  Item 18 (Remarks) of her NGB Form 22 shows:

* her period of IET was from 10 May to 2 December 1982
* she served as an AGR Soldier from 6 June 1986 to 24 August 1987
* she had served on active duty for training from 22 April to 23 June 1988

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that personnel officers were to use any available records to complete the DD Form 214.  If the information required to complete a specific item was not available, the authority preparing the form was to enter “see item 18” in the incomplete item, and in item 18 state “DD Form 215 [Correction to DD Form 214] will be issued to provide missing information.”  The regulation stated for item 12d to enter all service less time lost under Title 10, U.S. Code, Section 972 and time lost after expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The record clearly shows that the applicant had active service prior to serving as an AGR Soldier from 6 June 1986 to 24 August 1987.  It is unclear why her total prior active service was not entered in item 12d of her DD Form 214 for the period ending 24 August 1987.  The data necessary to complete item 12d is available, and it would be appropriate to correct this DD Form 214 to show she had 8 months and 29 days of total prior active service.  

2.  Her DD Form 214 for the period ending 23 June 1988 does not accurately reflect her total prior active service.  It would be appropriate to correct this DD Form 214 to reflect the following total prior active service:

						8 months		29 days (active service prior to 6 June 1986)
		+   1 year		2 months		19 days (period ending 24 August 1987) 
			1 year	    11 months		18 days

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:

	a.  replacing the entry in item 12d of her DD Form 214 for the period ending 24 August 1987 with the entry "00  08  29" and 

	b.  replacing the entry in item 12d of her DD Form 214 for the period ending 23 June 1988 with the entry "01  11  18."



      _______ _ 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)                                         AR20130021077





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ABCMR Record of Proceedings (cont)                                         AR20130021077



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