ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20170008844 APPLICANT REQUESTS: correction of her DD Form 214(Certificate of Release or Discharge from Active Duty) to show her enlistment date as 18 January 2001 versus 4 April 2001 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2-1 (Personnel Qualification Record), 18 April 2005 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she enlisted in the Florida Army National Guard on 18 January 2001 instead of 4 April 2001. Her DA Form 2-1 shows her enlistment date as 18 January 2001 and she would like her DD Form 214 to be corrected. 3. The applicant provides a copy of her DA Form 2-1, dated and signed on 18 April 2005, which shows her enlistment date of 18 January 2001 at the Jacksonville, FL MEPS station. It also shows she was assigned as a Recruiting and Retention Noncommissioned Officer in St Augustine, FL with duty in Jacksonville, FL on 4 April 2001. 4. A review of the applicant’s service record shows: a. She enlisted in the regular Army on 23 July 1987 and was honorably discharged on 12 August 1996, by reason of inability to perform prescribed duties, due to parenthood. b. According to National Guard Bureau (NGB) Form 22, she enlisted in the Florida National Guard on 18 January 2001. a. c. Her DA Form 2-1, dated 22 June 2002 shows she enlisted at the Jacksonville, FL MEPS on 18 January 2001. It also shows she transferred and became a Recruiting and Retention Noncommissioned Officer on 4 April 2001. d. Orders number P088-023, shows she was ordered to full-time National Guard duty in Active Guard/Reserve (AGR) status with a reporting date of 4 April 2001. e. Her Army National Guard Retirement Points history statement dated, 12 July 2006 shows she began her duty as an Army National Guard unit member on 18 January 2001 with an end date of 3 April 2001. f. Her DD Form 214 for the period 2001 through 2006, shows she entered active duty on 4 April 2001 and was retired, by reason of disability (temporary) on 24 May 2006. She completed 5 years, 1 month and 21 days of net active service during this period. 5. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief is warranted. Based upon the information reflected on the applicant’s DA Form 2-1, the Board did find that the applicant did have some inactive time from DEP which should be added to her initial DD Form 214. The second 214 is correct as she entered the period of active duty at that time. The NGB 22 shows the date she entered the Army National Guard. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214, with an ending date of 12 August 1996, by: * Changing Item 12e to read, “00 11 15” 2. The Board further determined 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 changing her enlistment date onto active duty. X 25 September 2019 CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions stated for item 12a and b, the preparer should enter the beginning date of the enlistment period or tour of AD (active duty) for which a DD Form 214 was not previously issued and the separation dated this period