BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015416
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 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 11 August 2014, to show the separation date of the DD Form 214 being corrected as 9 July 1999 instead of 9 January 1999.
2. The applicant states, in effect, the separation date of the DD Form 214 being corrected on her DD Form 215 is incorrect.
3. The applicant provides:
* DD Form 214
* DD Form 215
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 9 January 1997, the applicant enlisted in the Regular Army and was trained as an automated logistical specialist; she was honorably released from active duty on 9 July 1999 by reason of pregnancy.
3. Item 12b (Separation Date This Period) of her DD Form 214 shows the entry "1999 07 09 [9 July 1999]."
4. A DD Form 215, dated 11 August 2014, was issued to add award of the Korea Defense Service Medal to her DD Form 214 for the period ending 9 July 1999. However, item 5 (Original DD Form 214 is Corrected as Indicated Below) erroneously shows the separation date of the DD Form 214 being corrected as "1999 01 09 [9 January 1999]."
5. Army Regulation 635-8 (Separation Processing and Documents) provides special instructions concerning preparation of the DD Form 215. Paragraph 8-4 states item 5 of the DD Form 215 being issued is taken from item 12b of the DD Form 214 being corrected. Enter the date in day, abbreviated month, and year format (e.g., 15 Jul 1979). If a second request is received to correct a block that was previously corrected, void the first DD Form 215 by entering the following statement on the last line of the new DD Form 215: "VOID PREVIOUSLY ISSUED DD FORM 215 (date of first DD Form 215)." If the request is to correct a previously issued DD Form 215 and an additional item is being corrected, issue a new DD Form 215 without voiding the first DD Form 215.
DISCUSSION AND CONCLUSIONS:
The applicant was honorably released from active duty on 9 July 1999. An administrative error was clearly made when issuing her DD Form 215 showing the separation date of the DD Form 214 being corrected as "1999 01 09 [9 January 1999]." Since her original DD Form 214 properly shows her separation date as 9 July 1999 in item 12b, this item requires no correction. Therefore, in this case it would be appropriate to void the erroneously-issued DD Form 215 and reissue a DD Form 215 with a separation date of 9 July 1999 to add award of the Korea Defense Service Medal to her DD Form 214.
BOARD VOTE:
____X____ __X______ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 voiding the DD Form 215, dated 11 August 2014, and reissuing her a DD Form 215 with a separation date of 9 July 1999 to add award of the Korea Defense Service Medal and the statement: "VOID PREVIOUSLY ISSUED DD FORM 215 (11 AUG 2014)."
___________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) AR20140015416
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