IN THE CASE OF:	  

		BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110014909 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty (AD)) to delete "training" from item 23 (Type of Separation) which shows "Release from Active Duty Training (ADT)."

2.  He states he served on AD as a commissioned officer for 4 years of which 41 months was served with the 18th Airborne Corps.

3.  He provides the following:

* DD Form 214
* DA Forms 67-9 (Officer Evaluation Reports (OER))
* DA Form 1059 (Service School Academic Evaluation)

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.  On 26 August 1996, the applicant executed an Army Senior Reserve Officers' Training Corps Cadet Contract, thereby incurring an 8-year military service obligation that included the possibility of being selected for AD service based on the needs of the Army.

3.  He was appointed as a Reserve commissioned officer of the Army on 6 May 2000.  His basic active service date is also listed as 6 May 2000.

4.  Orders 110-19-A-751, dated 19 April 2000, show he was ordered to AD to complete a 4-year AD commitment.  He was to report to Fort Benning Officer Replacement, Fort Benning, GA, on 2 November 2000 and he was required to perform temporary duty at Fort Leonard Wood, MO, with travel commencing not earlier than 7 May 2000.  Paragraph (s) states he was selected for immediate AD and was to enter AD on 6 May 2000.

5.  His DA Form 1059 shows he attended the Engineer Officer Basic Course from 5 June 2000 to 3 October 2000.

6.  His OER's show he was rated as an AD Engineer Branch officer from 4 October 2000 through 30 April 2004.

7.  His DD Form 214 shows the following:

* item 12a (Date Entered AD This Period) – "2000  11  03"
* item 12b (Separation Date This Period) – "2004  05  05"
* item 12c (Net Active Service This Period) – "0003  06  03"
* item 23 – "Release from ADT"
* item 25 (Separation Authority) – "Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 2-7"
* item 28 (Narrative Reason for Separation) – "Completion of Required Active Service"

8.  Army Regulation 600-8-24 provides guidance on the transfer of AD officers to the Reserve Component and discharge.  Paragraph 2-7 provides rules for processing voluntary release of officers from AD due to expiration of their AD commitment.

9.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous AD.  It provides a brief, clear-cut record of AD service at the time of release from AD, retirement, or discharge.  The regulation states for item 23, to enter the appropriate term listed below:

	a.  release from AD,

	b.  discharge,

	c.  retirement,

	d.  release from AD and order to AD in another status,

	e.  release from ADT,

	f.  release from custody and control of the Army, or

	g.  release from ADT and discharge from the Reserve of the Army and return to the Army National Guard.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant entered AD on 6 May 2000.  He was released on 5 May 2004 upon completion of his 4-year AD commitment which is properly reflected by the separation authority listed on his DD Form 214.  He was not on ADT.  Item 23 of his DD Form 214 should show "Release from AD."

2.  Additionally, the entries on his DD Form 214 showing the date he entered AD and his net active service appear to be incorrect.  He has not requested correction of those items; however, should he desire correction of those items in the future, he may submit a new application.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


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 item 23 of his DD Form 214 to show the entry "Release from AD."



      _______ _ 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)                                         AR20110014909



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ABCMR Record of Proceedings (cont)                                         AR20110014909



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