AR20150009577

IN THE CASE OF:

BOARD DATE: 10 May 2016

DOCKET NUMBER: AR20150009577

BOARD VOTE:

____x____ ___x___ ___x____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 10 May 2016

DOCKET NUMBER: AR20150009577

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 his DDForm214 for the period ending 5January 2006 to show in:

* item4aspecialist
* item4bE-4
* item12f 00001124
* item12h 20050401

_____________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.

IN THE CASE OF:

BOARD DATE: 10 May 2016

DOCKET NUMBER: AR20150009577

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 his DDForm214 (Certificate of Release or Discharge from Active Duty) to show in:

* item4a (Grade, Rate, or Rank) specialist instead of private
* item4b (Pay Grade) E-4 instead of E-1
* item12f (Foreign Service) his proper amount of foreign service

2. The applicant states his DDForm214 shows:

* his rank/grade as private/E-1 instead of specialist/E-4
* his net active service as 1year, 2months, and 20days, but his foreign service as 1year, 11months, and 23days
* he believes the errors occurred due to negligence at the FortLewis mobilization station when his DDForm214 was processed after his deployment to Iraq

3. The applicant provides:

* DAForm4187 (Personnel Action)
* Certificate of Promotion
* DDForm214

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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’s complete records are not available for review. This case is being considered using the documents provided by the applicant and his available records in the U.S.Army Human Resources Command Soldier Management System.

3. The applicant enlisted in the U.S.Army Reserve (USAR) on 12April 2000 in the rank/grade of private/E-1.

4. On 16October 2004, he was ordered to active duty as a member of the USAR in support of Operation Iraqi Freedom.

5. His DAForm4187, dated 1April 2005, and Certificate of Promotion show he was advanced to the rank of specialist/E-4 effective 1April 2005.

6. On 5January 2006, he was honorably released from active duty. His DDForm214 shows in:

* item4a PV1
* item4b E01
* item12c(Net Active Service This Period) 00010220
* item12f 00011123
* item12h (Effective Date of Pay Grade) 20020216
* item18 (Remarks), in part

* SEPARATED FROM SERVICE ON TEMPORARY RECORDS AND SOLDIER’S AFFIDAVIT
* DDFORM215 (CORRECTION TO DDForm214) WILL BE ISSUED TO PROVIDE MISSING INFORMATION
* ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION IRAQI FREEDOM IAW 10USC12302 (IN ACCORDANCE WITH TITLE10, U.S.CODE, SECTION12302)
* SERVICE IN KUWAIT/IRAQ FROM 20041213-20051206

7. On 13February 2006, he was honorably discharged from the USAR in the rank/grade of specialist/E-4 for immediate reenlistment in the U.S.Marine Corps.

8. His Enlisted Record Brief is not available for review. His Soldier Management System records show his rank as specialist and his date of rank as 1April 2005.

REFERENCES:

Army Regulation 635-5 (Separation Document), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DDForm214. The instructions stated for:

* item4 enter the active duty grade or rank and pay grade at time of separation from the Enlisted Record Brief
* item12f enter the total amount of foreign service completed during the period covered in item12c from the Enlisted Record Brief
* item12h enter the effective date of promotion to the current pay grade from the most recent promotion order (or reduction instrument)

DISCUSSION:

1. Records show he was advanced to the rank/grade of specialist/E-4 on 1April 2005 and his available records are void of any evidence showing he was reduced prior to his release from active duty on 5January 2006.

2. Item12c of his DDForm214 properly shows his period of active duty service from 16October 2004 to 5January 2006 as 1year, 2months, and 20days.

3. The remarks block of his DDForm214 shows he served in Kuwait/Iraq during the period 13December 2004 to 6December 2005 for a total period of 11months and 24days. However, item12f of his DDForm214 shows his period of foreign service as 1year, 11months, and 23days.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009577

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009577

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2