IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002506
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 26 August 2008 to show her narrative reason for separation as "Completion of Period of Active Duty Special Work (ADSW)" instead of "Completion of Period of Active Duty for Training (ADT)."
2. The applicant states:
a. Item 28 (Narrative Reason for Separation) on her DD Form 214 states she was in an ADT status rather than an ADSW status.
b. As a result of the narrative reason for separation shown on her
DD Form 214, the 2 years of time is not counted towards time allowed for her Post 9-11 GI Bill benefits.
c. The time was not spent on training; it was spent working on the border with the border patrol.
3. The applicant provides:
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 25 September 2008
* DD Form 214 for the period ending 26 August 2008
* Another Soldier's DD Form 214 for the period ending 26 August 2008
* Orders 186-075, dated 5 July 2006
* Orders 229-1051, dated 17 August 2009
* Orders 284-505, dated 10 October 2008
* Orders 168-0071, dated 17 June 2010
* Orders D-01-300962, dated 15 January 2013
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 Army National Guard on 11 January 2005. She completed military police training.
3. On 5 July 2006, Orders 186-075 were published ordering the applicant to ADT for the period 5 July 2006 through 28 June 2008, for the purpose of Southwest Border (SWB) Mission. The type duty code on page 2 of 2 pages shows "Border Security/Operations ADSW (Arizona)."
4. On 17 June 2008, Orders 169-015 were published amending Orders 186-075 to read that she was on temporary duty (TDY) from 5 July 2006 through 26 June 2008. These orders show the authority for her active duty as Title 32, United States Code, section 502(f), used for SWB ADSW orders. The orders show she was active duty for the purpose of Border Security/Operations ADSW (Arizona).
5. The applicant was honorably released from active duty on 26 June 2008. Item 28 on her DD Form 214 shows "Completion of Period of Active Duty for Training (ADT)."
6. Army Regulation 635-5 (Separation Documents), then in effect, states the narrative reason for separation is based on regulatory or other authority and can be checked against the cross reference in Army Regulation 635-5-1. For Soldiers ordered to ADT, Active Guard/Reserve (AGR), Temporary Tour of Active Duty (TTAD), Full-Time National Guard Duty (FTNGD), or ADSW on self terminating orders, enter in item 28 COMPLETION OF PERIOD OF ADT, AGR, TTAD, FTNGD, or ADSW, as appropriate.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that she was on active duty for the purpose of Border Security/Operations ADSW (Arizona). Item 28 on her DD Form 214 should be amended to show the appropriate entry.
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 and State Army National Guard records of the individual concerned be corrected by deleting from item 28 on her DD Form 214 for the period ending 26 June 2008 the current entry and adding the entry "COMPLETION OF PERIOD OF ACTIVE DUTY SPECIAL WORK (ADSW)."
_______ _ __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) AR20150002506
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