IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150003317
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 item 12d (Total Prior Active Service) of his
8 August 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his total prior active service.
2. He states he attended basic training from 7 June to 12 August 1995.
3. He provides:
* DD Form 214
* DD Form 220 (Active Duty (AD) Report)
* DA Form 2-1 (Personnel Qualification Record Part II)
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 U.S. Army Reserve on 14 December 1994 for military occupational specialty (MOS) 71L (Administrative Specialist).
3. His official military personnel file (OMPF) is void of a DD Form 214 for the period of his basic training. However, a DD Form 220, dated 10 August 1995, shows he entered AD on 7 June 1995 and was separated from AD on 12 August 1995, a period of 2 months and 6 days.
4. Item 35 (Record of Assignments) of his DA Form 2-1 shows effective 7 June 1995, his principal duty title was listed as AD training (ADT). Effective 12 August 1995, he was released from ADT and returned to his Reserve unit.
5. On 19 June 1996 he was ordered to ADT for MOS 71L which was an 8-week course. His DD Form 214 shows in:
* Item 12b (Separation Date This Period) 8 August 1996
* Item 12c (Net Active Service This Period) "0000 01 20"
* Item 12d "0000 00 00" indicating no prior active service
* Item 23 (Type of Separation) Release from ADT
6. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states to enter in item 12d the total amount of prior active military service less lost time from previously issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
His DD Form 220 as well as his DA Form 2-1 confirm he attended basic training from 7 June 1995 to 12 August 1995. This period equates to 2 months and 6 days which are not listed on his 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 deleting from item 12d of his DD Form 214 for the period ending on 8 August 1996 the entry "0000 00 00" and adding "0000 02 06."
_______ _ 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) AR20150003317
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150003317
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100024550
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * The date he left Iraq as 26 July instead of 26 June 2004 * His prior active service 2. He also submitted a DD Form 220, dated 25 September 2008, that shows he entered active duty on 22 July 2007 and he departed active duty on 2 January 2008, a period of 71 days. The 71 days of active service he completed from 22 July 2007 to 2 January 2008 cannot be entered on his DD Form...
ARMY | BCMR | CY2010 | 20100013092
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 April 1995 to show in: * Item 12d (Total Prior Active Service) the entry "0000 06 20" instead of 0000 00 00 * Item 12e (Total Prior Inactive Service) the entry "0000 03 11" instead of 0000 00 00 2. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicants DD Form 214 for...
ARMY | BCMR | CY2009 | 20090013534
Item 12 shows the record of service. The applicant contends that his DD Form 214 should be corrected to show his correct rank/grade, prior active service, and enlisted MOS. The evidence of record shows that the applicant was promoted to 1LT/O-2 on 1 December 2003 and held this rank/grade at the time of his discharge on 1 February 2004.
ARMY | BCMR | CY2012 | 20120005137
Her DD Form 214 for this period of service shows she completed 4 months and 19 days of creditable active service. The DD Form 214 she was issued at the time shows in: * Item 12a (Date entered active duty this period) "2000 02 11" * Item 12b (Separation Date this Period) "2004 01 20" * Item 12c (Net Active Service this Period) "0003 11 10 * Item 12d "SEE BLOCK #18" * Item 12e "SEE BLOCK #18" * Item 18 the following entries: * SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND...
ARMY | BCMR | CY2012 | 20120001858
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received an honorable instead of an uncharacterized characterization of service. He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. Aside from his ADT from September June to August 1996 for which a DD Form 214 was issued, there...
ARMY | BCMR | CY2012 | 20120009979
He or she will only receive a DD Form 220 (Active Duty Report); and d. RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. There is no evidence and he did not provide any evidence that shows he was awarded, held, or served in any other MOS during his active duty service.
ARMY | BCMR | CY2008 | 20080004354
The evidence of record shows that the applicant was discharged from the ILARNG on 16 April 2003 and subsequently enlisted in the Regular Army on 17 April 2003: a. in order to credit the applicant with her IADT from 4 June 2002 to 16 August 2002, recorded on the DD Form 220, her date entered on active duty this period was adjusted to account for those days and is therefore correctly shown as 2003 02 04 and requires no further action; b. she was released from active duty on 16 April 2007. ...
ARMY | BCMR | CY2014 | 20140012124
The applicant requests, in effect, correction of item 12d (Total Prior Active Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant provides: * DD Form 220 (Active Duty Report) * DD Form 214 CONSIDERATION OF EVIDENCE: 1. Item 12d of his DD Form 214 shows the entry "0000 00 00."
ARMY | BCMR | CY2009 | 20090017825
The applicant requests correction to the entries in item 12 (Record of Service) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 December 1998. Item 12b (Separation Date This Period) - "2002 10 01"; c. Item 12c (Net Active Service This Period) - "0011 00 00"; d. Item 12d (Total Prior Active Service) - " 0000 06 00," based on her Army National Guard (ARNG) service; e. Item 12e (Total Prior Inactive Service) - "0004 00 00," based on 1 year of...
ARMY | BCMR | CY2015 | 20150009610
On 5 June 2015, the Army Discharge Review Board (ADRB) denied his request to change his RE code, characterization of service, and narrative reason for separation. On 3 April 2012, the applicant's immediate commander recommended his separation from active duty under the provisions of chapter 11 of Army Regulation 635-200 (Enlisted Administrative Separations) by reason of inability to adjust to military service. Accordingly, the applicant was discharged on 6 April 2012.