BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004193 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, in effect, that item 12a (Date Entered AD (Active Duty) This Period) of her 23 October 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 13 March 2008 instead of 19 March 2004. 2. She states she had two periods of AD service: 19 March 2004 to 19 October 2005 and 13 March 2008 to 23 October 2008. She also states her 23 October 2008 DD Form 214 shows she served 4 years, 7 months, and 5 days of continuous AD which is incorrect. 3. She provides two DD Forms 214. 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 (RA) on 19 March 2004. She served 1 year, 7 months, and 1 day of AD service and she was honorably discharged on 19 October 2005 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8 (Parenthood). 3. On 13 March 2008, she again enlisted in the RA. On 23 October 2008, she was honorably discharged under the provisions of Army Regulation 635-200, chapter 8 (Pregnancy). Her AD service equates to 7 months and 11 days. Her DD Form 214 shows in: * Item 12a 19 March 2004 * Item 12b (Separation Date This Period) 23 October 2008 * Item 12c (Net Active Service This Period) "0004 07 05" * Item 12d (Total Prior Active Service) "0000 00 00" indicating no prior active service 4. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states to enter in item: * 12a – the beginning date of the continuous period of AD for issuance of this DD Form 215, for which a DD Form 214 was not previous issued * 12b – the Soldier's transition date * 12c – amount of service this period, computed by subtracting item 12a from 12b * 12d – the total amount of prior active military service less lost time from previously issued DD Forms 214 DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant originally enlisted in the RA on 19 March 2004 and was discharged on 19 October 2005. She was credited with completing 1 year, 7 months, and 1 day of AD service. 2. It is apparent that an administrative error occurred in the preparation of the applicant's DD Form 214 for her second period of service since the date entered in item 12a is the same date listed on her first DD Form 214 (19 March 2004). Her enlistment document verifies she reentered the RA on 13 March 2008 and she was discharged on 23 October 2008. Her total period of AD service during this period equates to 7 months and 11 days. BOARD VOTE: __X______ ___X_____ ___X_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 amending her DD Form 214 for the period ending on 23 October 2008 to correct: * Item 12a by deleting the entry "2004 03 19" and adding "2008 03 13" * Item 12c by deleting the entry "0004 07 05" and adding "0000 07 11" * Item 12d by deleting the entry "0000 00 00" and adding "0001 07 01" _______ _ 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) AR20150004193 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004193 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1