IN THE CASE OF: BOARD DATE: 23 February 2012 DOCKET NUMBER: AR20110015340 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served on active duty in an other than active duty for training (ADT) status. 2. The applicant states: * her DD Form 214 states her entire time in service was training related * this incorrect information is preventing her from receiving education benefits * her date of entry was 4 January 2007 * from 4 January 2007 to January 2008 she was in training * the remaining 6-7 months was active duty 3. The applicant provides: * DD Form 214 * discharge orders * DA Form 31 (Request and Authority for Leave) * two permanent change of station orders * Enlisted Record Brief (ERB) * DA Form 5123-1 (In-Processing Personnel Record) 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 Regular Army on 4 January 2007 for a period of 6 years. She completed training and was awarded military occupational specialty (MOS) 35M (human intelligence collector). On 23 July 2008, she was honorably discharged for pregnancy or childbirth. 3. Her DD Form 214 shows in: * in item 11 (Primary Specialty) that she held MOS 35M for 6 months * in item 14 (Military Education) that she completed the Human Intelligence Collector Course in 2008 4. Her ERB shows she attended: * basic training for 2 months * advanced individual training (AIT) for 3 months * AIT Phase II for 6 months, which indicates she served in a permanent duty assessment for 6 months after completion of training 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and establishes standardized policy for preparing and distributing the DD Form 214. Detailed instructions and source document(s) for completing item 11 state: * from the ERB/Officer Record Brief, enter the titles of all MOS's/areas of concentration (AOC) served for at least 1 year * include the number of years and months served for each MOS/AOC * for time determination, 16 days or more count as a month * do not count basic training and AIT DISCUSSION AND CONCLUSIONS: 1. The applicant contends her DD Form 214 states her entire time in service was training related. 2. Her DD Form 214 shows she completed MOS training in 2008 and she held MOS 35M for 6 months, which shows she served in an active duty status for 6 months after completion of training. Further, her DD Form 214 clearly shows she was discharged for pregnancy or childbirth after completing 1 year, 6 months, and 20 days of active service, not for completion of ADT. Therefore, her active duty service is accurately recorded on her DD Form 214; no error exists. 4. Based on the foregoing, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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) AR20110015340 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110015340 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1