BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140003175
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) to show she completed 7 years and 7 months of active duty service instead of 7 years and 5 months.
2. The applicant states the elapsed time between the date she entered active duty and her separation date is incorrectly calculated. An additional 2 months of service are missing from her total active duty service.
3. The applicant provides her 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 enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 14 February 2003. She was projected to enter active duty on 20 May 2003.
3. On 21 May 2003, she was discharged from the DEP for the purpose of immediate enlistment in the Regular Army.
4. On 22 May 2003, she enlisted in the Regular Army and served on active duty until she was honorably discharged on 11 January 2011.
5. Block 12 (Record of Service) of her DD Form 214 shows, in part, the following entries for the blocks indicated:
* 12a (Dated Entered Active Duty this period), "2003 05 22"
* 12b (Separation Dated this Period), "2011 01 11"
* 12c (Net Active Service this Period), "0007 05 20," indicating 7 years, 5 months and 20 days
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The 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. Guidance for the completion of block 12 of DD Form 214, in part, is as follows:
a. Block 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.
b. Block 12b, enter the Soldier's transition date.
c. Block 12c, enter the amount of service this period, computed by subtracting block 12a from 12b. Lost time under 10 USC 972 and noncreditable time after ETS, if any, are deducted.
DISCUSSION AND CONCLUSIONS:
1. Evidence clearly shows the applicant enlisted in the Regular Army on 22 May 2003 and served continuously on active duty until she was honorably discharged on 11 January 2011.
2. Based on the following calculation, item 12c of her DD Form 214 should reflect her completion of 7 years, 7 months and 20 days of active service.
2011 01 11 date of separation
- 2003 05 22 date entered active duty
= 0007 07 19
+ 1 day inclusive
= 0007 07 20
3. Block 12c of her DD Form 214 erroneously indicates she only completed 7 years, 5 months and 20 days of active service. Therefore, she is entitled to correction of her DD Form 214 to reflect the proper amount of active duty service she performed.
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 amending her DD Form 214 by deleting the current entry in block 12c and replacing it with the entry "0007 07 20."
__________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) AR20140003175
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ABCMR Record of Proceedings (cont) AR20140003175
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