IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003044
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 item 12d (Total Prior Active Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) by removing the entry "0008 07 14."
2. The applicant states:
a. Block 12d of her DD Form 214 indicates she completed 8 years, 7 months, and 14 days of prior service before she entered active duty on 3 June 2006. Her only period of active duty was from 3 June 2006 to 3 June 2010.
b. She was a Reserve Officers Training Corp (ROTC) Scholarship recipient and she is unsure if her 4 years in the ROTC counted toward her total prior active service; however, she has no record of prior active service before being commissioned on 3 June 2006.
c. The Board should consider her request because her records should honestly reflect her active duty service as it impacts her retirement should she return to work for the federal government.
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 was born on 20 January 1984. Her DD form 214 shows she entered active duty on 3 June 2006, at age 22.
3. She was honorably discharged on 3 June 2010. She completed 4 years and 1 day of net active service this period.
4. Her DD Form 214 shows in item 12d that she completed 8 years, 7 months and 14 days of total prior active service; however, if she had completed 8 years, 7 months and 14 days of prior service she would have entered active duty at age 13.
5. There is no evidence and she confirms that she did not have any prior active service before her 3 June 2006 entry on active duty.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate. Chapter 2 contains specific guidance for preparation of the DD Form 214. It states for item 12d, enter the total amount of prior active military service.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant confirms that she did not have any prior active service before her 3 June 2006 entry on active duty.
2. She entered active duty at age 22. If she had over 8 years of prior active service, she would have entered active duty at age 13. It appears an error was made in the completion of 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 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:
a. deleting from item 12d the entry "0008 07 14."
b. adding to item 12d the entry "0000 00 00."
_______ _ __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) AR20150003044
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ABCMR Record of Proceedings (cont) AR20150003044
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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