IN THE CASE OF: BOARD DATE: 16 December 2010 DOCKET NUMBER: AR20100015722 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 24 August 2000 be corrected to reflect all of her service and completion of advanced individual training (AIT). 2. The applicant states her DD Form 214 does not reflect all of her service or her completion of AIT. 3. The applicant provides copies of her DD Forms 214 and a copy of her Army/American Council on Education Registry Transcript System personal web transcript. 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 (USAR) and entered active duty for training on 20 January 1997. She completed basic training at Fort Jackson, South Carolina, and AIT as a construction equipment repairer from 31 March 1997 to 23 May 1997 (8 weeks) at Fort Leonard Wood, Missouri, before being released from active duty (REFRAD) and being returned to her USAR unit at Fort Story, Virginia. She had 4 months and 4 days of active service. 3. On 23 November 1997, she enlisted in the Regular Army for a period of 3 years. She served until she was honorably REFRAD on 24 August 2000 due to parenthood. She had 2 years, 9 months, and 2 days of active service during her current enlistment and her DD Form 214 issued at the time of her REFRAD indicates she had 2 months and 1 day of prior active service. Her DD Form 214 reflects the entry "none" in block 14 (Military Education). 4. A review of her records failed to show that she completed any military education courses that qualify for entry on her DD Form 214 during her current enlistment. 5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted and appear to have some merit. 2. The applicant had 4 months and 4 days of prior active service in the USAR; however, her DD Form 214 issued at the time of her REFRAD on 24 August 2000 reflects only 2 months and 1 day of prior active service. Accordingly, her DD Form 214 should be corrected to reflect this information. 3. The applicant completed the Construction Equipment Repairer Course for a duration of 8 weeks in May 1997 and that course was reflected on her DD Form 214 issued in 1997. Accordingly, that information should not be entered on her subsequent DD Form 214 because only courses completed during a period covered by the DD Form 214 may be entered on that form. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 12d of her DD Form 214 that she completed 4 months and 4 days of prior active service (vice 2 months and 1 day currently reflected). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing in block 14 that she completed the Construction Equipment Repairer Course for a duration of 8 weeks in May 1997 on her DD Form 214 dated 24 August 2000. __________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) AR20100015722 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015722 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1