IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002516
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) to show he was released from active duty.
2. The applicant states his DD Form 214 incorrectly shows that he was released from active duty training instead of just released from active duty.
3. The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to DD Form 214).
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 was serving as an infantryman in the Wisconsin Army National Guard (WIARNG), in the pay grade of E-5, when on 19 April 2006, he was ordered to active duty in support of Operation Iraqi Freedom (OIF). He deployed to Iraq during the period 15 July 2006 through 15 July 2007.
3. On 6 November 2007, he was honorably released from active duty; however, item 23 (Type of Separation) of his DD Form 214 shows he was released from active duty training. His separation orders reflect that he was released from active duty after serving 1 year, 6 months, and 18 days of active service during his OIF deployment.
DISCUSSION AND CONCLUSIONS:
The applicants contention that his DD Form 214 incorrectly reflects that he was released from active duty training has been noted and found to have merit. His separation orders released him from active duty; however, his DD Form 214 incorrectly reflects that he was released from active duty training. Accordingly, item 23 of his DD Form 214 should be corrected to show he was released from active duty.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry RELEASE FROM ACTIVE DUTY TRAINING from item 23 of his DD Form 214 for the period ending 6 November 2007
* Entering the entry RELEASE FROM ACTIVE DUTY in item 23 of his DD Form 214 for the period ending 6 November 2007
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are
deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20140002516
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ABCMR Record of Proceedings (cont) AR20140002516
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