Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140003175
Original file (20140003175.txt) Auto-classification: Approved

		
		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003175



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110005768

    Original file (20110005768.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 12a (Date Entered AD (Active Duty) This Period) from "1998 07 02" to 1998 08 18" * Item 12c (Net Active Service This Period) from "0007 03 01" to "0007 01 14" 2. Therefore, he is entitled to correction of his DD Form 214 to show the correct date of entry and correct net service completed. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2010 | 20100016459

    Original file (20100016459.txt) Auto-classification: Denied

    It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted/Officer Record Brief, or any other document authorized for filing in the official military personnel file. Paragraph 2-4 (Completing the DD Form 214) of Army Regulation 635-5 contains item-by-item instructions for completing the DD Form 214. Although she provided a copy of PO 184-4 that states the DMS will use the effective date to issue the DD Form 214, Army...

  • ARMY | BCMR | CY2012 | 20120002769

    Original file (20120002769.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her correct service * completion of postal training 2. The applicant provides her DD Form 214 for the period ending 27 December 2005. Her DD Form 214 for this period of service shows in: * Item 12a (Date Entered Active Duty (AD) This Period) - 2005 11 01 * Item 12b (Separation date This Period) - 2005 12 27 * Item 12c (Net Active Service This Period) - 0001 01 27 * Item...

  • ARMY | BCMR | CY2014 | 20140005084

    Original file (20140005084.txt) Auto-classification: Approved

    However, this form also shows in: * item 12a (Entered Active Duty This Period): "1996-11-05" * item 12b (Separation Date This Period): "2003-12-12" * item 12c (Net Active Service This Period): "0007-01-08" * item 12d (Total Prior Active Service): "0000-00-00" * item 12e (Total Prior Inactive Service): "0000-00-00" * item 12f (Foreign Service): "0000-09-07" * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): "National Defense Service Medal//Army...

  • ARMY | BCMR | CY2010 | 20100021848

    Original file (20100021848.txt) Auto-classification: Approved

    The applicant states, in effect: * The time she spent in the Delayed Entry Program (DEP) should be counted towards her time in service * She was recalled to active duty from the Individual Ready Reserve (IRR) for 14 days during the period 1 February 2008 to 14 February 2008 * Item 12c of her DD Form 214 is incorrect and should reflect the amount of service by subtracting item 12a from item 12b * After reviewing her service record the dates did not match up on her DD Form 214 from her basic...

  • ARMY | BCMR | CY2010 | 20100026396

    Original file (20100026396.txt) Auto-classification: Approved

    The applicant requests correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct date she entered active duty (AD). Her DD Form 214 contains the following entries: * Item 12a – 2006 01 05 * Item 12c (Net Active Service This Period) – 0002 03 27 * Item 18 (Remarks) – PERIOD OF DEP: 20050826 - 20060104 5. The date entered in item 8a of her DD Form 4 was inadvertently transposed to item 12a of her DD Form 214.

  • ARMY | BCMR | CY2014 | 20140013394

    Original file (20140013394.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 September 2004 to show she entered active duty on 18 March 2003 instead of 7 February 2003. The applicant provides: * DD Form 214 for the period ending 6 March 2003 * DD Form 214 for the period ending 12 September 2004 * active duty orders CONSIDERATION OF EVIDENCE: 1. Therefore, block 12a of this DD Form 214 should be corrected to show she entered active...

  • ARMY | BCMR | CY2010 | 20100020940

    Original file (20100020940.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of items 12a (Dated Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 March 2006. Item 12a of the applicant's DD Form 214 for the period ending 9 March 2006 shows the entry "2005 09 11" [11 September 2005]. DISCUSSION AND CONCLUSIONS: The applicant's retirement points detail statement which shows she was ordered to...

  • ARMY | BCMR | CY2007 | 20070002905

    Original file (20070002905.txt) Auto-classification: Approved

    The applicant's personnel service records show she entered active duty on 6 November 2003 and that she was separated from active duty on 22 July 2004 with an honorable characterization of service. Based on the foregoing information, the applicant's DD Form 214 should be amended to show her date entered active duty as 6 November 2003, her separation date as 22 July 2004, and her net active service for this period as 8 months and 17 days. As a result, the Board recommends that all Department...

  • ARMY | BCMR | CY2009 | 20090002017

    Original file (20090002017.txt) Auto-classification: Approved

    The applicant's records show that she enlisted in the RA for the second time on 2 January 2003. Therefore, item 12a of her DD Form 214 for the period ending 1 August 2005 should be corrected to show this date. Therefore, item 12c of her DD Form 214 should be corrected to show 2 years and 7 months.