AR20160000894

IN THE CASE OF:

BOARD DATE: 8 March 2016

DOCKET NUMBER: AR20160000894

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: 8 March 2016

DOCKET NUMBER: AR20160000894

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 voiding the applicants DDForm214 for the period ending 30November 2005 and issuing her a new DDForm214 with all the same entries except replace the entry in:

* item12a with “1999 01 22”
* item12c with “0006 10 09”
* item12d with “0006 08 04”

_____________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.

Enclosure1

IN THE CASE OF:

BOARD DATE: 8 March 2016

DOCKET NUMBER: AR20160000894

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 DDForm214 (Certificate of Release or Discharge from Active Duty) for the period ending to 30November 2005 to show in:

* item12a (Date Entered Active Duty This Period) 1999 01 22
* item12c (Net Active Service This Period) 0006 10 09
* item12d (Total Prior Active Service) 0006 08 04

2. The applicant states her DDForm214 for the period ending to 30November 2005 does not reflect her prior active enlisted service of 6years, 8months, and 4days and her active commissioned service of 6year, 10months, and 9days. Instead, the DDForm214 combines all her active service as an enlisted member and officer. This will impact her years in service upon retirement. She was recommissioned on active duty on 8August 2014.

3. The applicant provides two DDForms214 (Certificate of Release or Discharge from Active Duty), DAForm71 (Oath of Office – Military Personnel), and DAForm1506 (Statement of Service – For Computation of Length of Service for Pay Purposes).

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 enlisted in the Regular Army (RA) on 18May 1992. She was honorably discharged on 21January 1999 to accept a commission or warrant in the Army. She completed 6years, 8months, and 4days of creditable active service. The DDForm214 she was issued for this period of service shows in:

* item12a 1992 05 18
* item12b (Separation Date This Period) 1999 01 21
* item12c 0006 08 04
* item12d 0000 00 00
* item12e 0000 00 00

3. She was appointed as a second lieutenant Reserve officer in the Army Nurse Corps on 22January 1999 with a concurrent call to active duty. She served continuously on active duty and on 1August 2002 was promoted as a Reserve officer to the rank/grade of captain (CPT)/O-3.

4. She was honorably discharged in the rank of CPT on 30November 2005. She completed 6years, 10months, and 9days of creditable active service during this period of service. The DDForm214 she was issued for this period of service shows in:

* item12a 1992 05 18
* item12c 0013 06 13
* item12d 0000 00 00

5. On 9April 2014, she was appointed as a major in the RA.

REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DDForm214. It stated the DDForm214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. A DDForm214 will be prepared for Soldiers changing their status or component and for Soldiers discharged to continue on active duty as a commissioned or warrant officer.

DISCUSSION:

1. The evidence of record confirms the applicant enlisted in the RA on 18May 1992 and was honorably discharged on 21January 1999 for the purpose of accepting a commission as a Reserve officer after completing 6years, 8months, and 4days of net active service. The DDForm214 she was issued correctly reflected this period of service.

2. She was appointed as a Reserve officer and entered active duty on 22January 1999. She served continuously on active duty and was honorably discharged on 30November 2005 after completing 6years, 10months, and 9days of net active service. However, the DDForm214 she was issued for this period of service incorrectly showed she entered active duty on 18May 1992 and her net active service this period was 13years, 6months, 13days. The DDForm 214 did not reflect her prior active service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20160000894

Enclosure 2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings AR20160000894

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2