IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160004259 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160004259 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. IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160004259 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 November 2007 to show he entered active duty on 12 September 2004. 2. The applicant states this error likely occurred as a result of a clerical or data entry mistake. 3. The applicant provides his DD Form 214 for the period ending 14 November 2007 and his Army Medical Department (AMEDD) Officer Basic Course DA Form 1059 (Service School Academic Evaluation Report). 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. Having had prior enlisted service in the United States Army Reserve (USAR) and Regular Army (RA), the applicant was appointed as a Reserve second lieutenant (2LT)/O-1 and executed an Oath of Office on 20 July 2004. 3. Orders A-07-491644, dated 27 July 2004, issued by U.S. Army Human Resource Command, St. Louis, MO, ordered him to active duty as a Reserve officer in the rank of 2LT to fulfill active Army requirement, with an active duty date of 7 December 2004. 4. On 12 September 2004, as a USAR 2LT, he attended and successfully completed the AMEDD Officer Basic Course conducted at the Academy of Health Sciences, Fort Sam Houston, TX, from 13 September to 23 November 2004. 5. He was discharged under honorable conditions (general), from active duty on 14 November 2007. His DD Form 214 for this period of service shows he completed 2 years, 11 months, and 8 days of active service. It also shows: * Item 12a (Date Entered Active Duty This Period), 7 December 2004 * Item 12b (Separation Date This Period), 14 November 2007 * Item 12c (Net Active Service This Period), 2 years, 11 months, and 8 days * Item 12d (Total Prior Active Service), 1 year, 4 months, and 15 days * Item 12e, (Total Prior Inactive Service) 5 years, 8 months, and 25 days REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of REFRAD, retirement, or discharge. The DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty. For example: * such periods may consist of ADOS, contingency operations-ADOS, active duty operational support-RC, AGR, or full-time National Guard duty for operational support * RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty * recalled retirees on active duty reverting to retired status regardless of the period of active duty service * Army National Guard of the United States (ARNGUS) and USAR Soldiers mobilized under 10 USC 12301(a), 12302, or 12304 and ARNG Soldiers called into Federal service under 10 USC 15 or 10 USC 12406, regardless of length of mobilization, when transitioned from active duty. Soldiers who report to a mobilization station and are found unqualified for active duty within the first 30 days will be excluded from this provision. They will receive a DD Form 220 (Active Duty Report), as specified in paragraph 9–1 * RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program DISCUSSION: 1. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service. The DD Form 214 will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Reserve Component Solders must complete 90 days of continuous active duty before a DD Form 214 is issued. 2. His period of active duty for AMEDD Officer Basic Course, as a Reserve Component Soldier (12 September 2004 to 23 November 2004) was not more than 90 days or continuous active duty service. 3. There is no evidence and the applicant provides no evidence that he served a 90 day or more period of active duty service as a Reserve officer prior to entering active duty as a RA officer on 7 December 2004. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004259 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004259 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2