BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090009069 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 July 1984, which will simply be referred to as her DD Form 214 throughout the remainder of these proceedings, be corrected to show that she entered active duty on 7 October 1981 instead of 14 September 1982.

2.  The applicant essentially states that she entered active duty in 1981 at Winter Haven, FL and completed basic combat and advanced individual training in the U.S. Army Reserve (USAR).  She also states she then moved to California, reconsidered her enlistment options, and then entered active duty in the Regular Army (RA); however, her DD Form 214 only shows her active duty service from 14 September 1982.

3.  The applicant provides her DD Form 214 in support of this application. 

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's military records show that she enlisted in the USAR on 23 July 1981.  She entered active duty for training (ADT) on 7 October 1981, completed basic combat and advanced individual training, and she was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).  She was released from ADT on 10 March 1982 and she was transferred to the 495th Transportation Company in Lakeland, FL.  On 16 July 1982, she enlisted in the USAR Delayed Entry Program (DEP), and on 14 September 1982, she enlisted in the RA for a period of 3 years.  However, prior to completing her 3-year enlistment, she was honorably discharged on 11 July 1984 due to unsatisfactory performance.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the issuance and preparation of the DD Form 214.  It provided, in pertinent part, that for item 12a, the beginning date of the continuous period of AD for issuance of the DD Form 214, for which a DD Form 214 was not previously issued, would be entered. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to show that she entered active duty on 7 October 1981 instead of 14 September 1982.

2.  As the applicant's ADT from 7 October 1981 to 10 March 1982 while a member of the USAR was covered by a previously-issued DD Form 214, there is no basis for correcting her DD Form 214 to show that she entered active duty on 7 October 1981 instead of 14 September 1982.  A copy of her first DD Form 214 will be provided to her.

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 that 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)                                         AR20090009069



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ABCMR Record of Proceedings (cont)                                         AR20090009069



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