IN THE CASE OF:	  

		BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140013394 


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 12 September 2004 to show she entered active duty on 18 March 2003 instead of 7 February 2003.

2.  The applicant states that when her U.S. Army Reserve (USAR) unit was mobilized for deployment on 7 February 2003 she was still attending advanced individual training (AIT).  She completed AIT on 6 March 2003, was released from active duty, and reentered active duty on 18 March 2003.

3.  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.  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 18 April 2002.  She entered active duty for training on 24 September 2002 and served through 6 March 2003.  Her 
DD Form 214 for this period of service shows in block 12e (Total Prior Inactive Service), she had 5 months and 6 days of prior inactive service.

3.  Orders M-073-0001, issued by Headquarters, 81st Regional Support Command, on 14 March 2003 ordered her to active duty in support of Operation Enduring Freedom with a report date of 18 March 2003.  The U.S. Army Human Resources Command Integrated Web Services database confirms she entered active duty on 18 March 2003.  

4.  She was released from active duty on 12 September 2004 after completing    1 year, 5 months, and 26 days of active service during this period.  Her DD Form 214 for this period of service shows in:

* block 12a (Date Entered Active Duty this Period), she entered active duty on 7 February 2003
* block 12c (Net Active Service this Period), she completed 1 year,              7 months, and 6 days of net active duty service this period
* block 12e, she had 5 months and 6 days of prior inactive service

5.  Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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:

	a.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  

	b.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	c.  In 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.

	d.  In block 12c, enter amount of service this period, computed by subtracting item 12a from 12b (Separation Date This Period).

	e.  In block 12e, from previously issued DD Form 214, enter the total amount of prior inactive service less lost time if any.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she entered active duty in support of Operation Enduring Freedom on 18 March 2003.  However, her DD Form 214 for the period ending 12 September 2004 indicates she entered active duty on 7 February 2003.  Therefore, block 12a of this DD Form 214 should be corrected to show she entered active duty on 18 March 2003.

2.  The period of active service shown in block 12c of her DD Form 214 for the period ending 12 September 2004 is also incorrect because it is based on the incorrect date of entry on active duty.  Therefore, this entry should also be corrected to reflect the correct total active duty service performed during the period covered by the DD Form 214, which is 1 year, 5 months, and 26 days.

3.  She was in an inactive duty status from 7 March 2003 (date after completion of AIT) and 17 March 2003 (date prior to entry on active duty).  Therefore, block 12e of her DD Form 214 for the period ending 12 September 2004 should be corrected to reflect the additional days in an inactive duty status (11 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.  deleting the current entry in block 12a of her DD Form 214 for the period ending 12 September 2004 and replacing it with the entry "2003 03 18" and

	b.  deleting the current entry in block 12c of her DD Form 214 for the period ending 12 September 2004 and replacing it with the entry "0001  05  26"; and

	c.  deleting the current entry in block 12e of her DD Form 214 for the period ending 12 September 2004 and replacing it with the entry "0000  05  17.



      _______ _   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)                                         AR20140013394



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ABCMR Record of Proceedings (cont)                                         AR20140013394



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