IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140008067
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her entire period of service.
2. The applicant states, in effect, that her period of service was from 18 August 1999 through 23 March 2008; however, her DD Form 214 incorrectly lists only the period that she spent in basic combat training.
3. The applicant provides:
* DD Form 214
* DA Form 4651 (Request for Reserve Component Assignment or Attachment)
* two DA Form 4856 (Development Counseling Form)
* DA Form 2A U.S. Army Reserve (USAR) (Personnel Qualification Record)
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. She enlisted in the USAR on 2 June 1999 and she was ordered to initial active duty for training (ADT) on 18 August 1999 at Fort Jackson, SC.
3. On 9 December 1999, she was released from active duty and assigned to a USAR unit in Baton Rouge, LA. She was issued a DD Form 214 which shows she was released from ADT upon completion of required active service. Her service was uncharacterized. She completed 3 months and 22 days (or 114 days) of net active service this period.
4. The applicant provides a counseling form, dated 8 March 2008, which shows she elected to separate from her USAR Troop Program Unit on 23 March 2008 upon her expiration term of service (ETS).
5. Army Regulation 635-5 (Separation Documents) at the time governed the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge (emphasis added).It states Item 12b will show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended to make up lost time, or retained on active duty for the convenience of the Government.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, to have her DD Form 214 corrected to show her period of service was from 18 August 1999 through 23 March 2008.
2. The evidence shows she completed her ADT from 18 August - 9 December 1999 and she continued to serve in the USAR until she was discharged on
23 March 2008; however, only active duty periods of service are recorded on the DD Form 214. Her date of discharge from the USAR would have been documented by official orders and has no bearing on the separation date shown on her DD Form 214 that was issued when she was released from active duty upon completion of ADT.
3. In view of the foregoing, her request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20140008067
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008067
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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