RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 December 2003
         DOCKET NUMBER: AR2003088069


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Eloise C. Prendergast		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in essence, that Item 12 (Date Entered Active Duty) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 9 June 1986. She also requests that her DD Form 214 be corrected to show the Sharpshooter Marksmanship Qualification Badge and that her rank be corrected to specialist, pay grade E-4.

2. The applicant states, in essence, that she did not want to leave the Army; that her chain of command began harassing her and led her to believe she would receive a less than honorable discharge if she stayed. The applicant indicates in a statement written to the Board that she enlisted on 9 June 1986; that the Army paid for her to attend Adult High School at Clark Community College, Vancouver, Washington, between 9 June-9 September 1986 to change her General Educational Development (GED) Diploma to an Adult High School Diploma. The applicant also states she believes her chain of command attempted to retaliate against her for filing a sexual harassment complaint with the Department of the Army Inspector General.

3. The applicant provides in support of her request a copy of her GED Certificate, an Adult High School Diploma, an Honorable Discharge Certificate, and a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 28 July 1988. The application submitted in this case is dated 31 January 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. On 9 June 1986, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP), for 8 years. On 26 September 1986, she was discharged from the DEP and enlisted in the Regular Army for 4 years, the Army Station of Choice Enlistment Option and the Army Cash Bonus Enlistment Option ($2,500).

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She completed the training requirements and she was awarded military occupational specialty (MOS) 63S (Heavy Wheel Vehicle Mechanic). On 4 March 1987, she was assigned to Fort Lewis, Washington, with duty in her MOS. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that she qualified for the Marksmanship Marksman Qualification Badge.

4. On 1 August 1987, the applicant was promoted to private first class, pay grade E-3. This was the highest pay grade that she attained.

5. The applicant was absent without leave from her unit from 21 June-9 July 1988. The evidence available no longer specifically shows what disciplinary action or punishment she may have received; however on 12 July 1988, a bar to reenlistment was initiated against her for reasons that are unspecified and on 14 July 1988, she was demoted from pay grade E-3 to pay grade E-1. The applicant did not appeal the bar and, on 14 July 1988, the bar was approved.

6. On 18 July 1988, the applicant requested an early separation under the provisions of chapter 16, Army Regulation 635-200, due to her perceived inability to overcome her bar to reenlistment.

7. On 19 July 1988, the applicant’s commander recommended that the request be approved. On 21 July 1988, the appropriate separation authority approved the request and directed the issuance of an honorable discharge, due to the applicant's inability to overcome a locally-imposed bar to reenlistment.

8. On 25 July 1988, the applicant declined a separation medical examination.

9. The applicant's DD Form 214 shows that that she entered active duty on 26 September 1986 and that she served until she was honorably separated by reason of a locally-imposed bar to reenlistment on 28 July 1988. She had completed 1 year, 9 months and 14 days of active military service. Her DD Form 214 also shows that she was awarded the Army Service Ribbon and the Marksman Marksmanship Qualification Badge.

10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 16 covers discharges caused by changes in service obligations. Paragraph 16-5 applies to personnel denied reenlistment and provides that soldiers who receive DA imposed or locally imposed bars to reenlistment, and who perceive that they will be unable to overcome the bar may apply for immediate discharge. Incident to the request the member must state

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that he or she understands that recoupment of unearned portions of any enlistment or reenlistment bonus is required and that later reenlistment is not permitted. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable.

DISCUSSION AND CONCLUSIONS:

1. On 9 June1986, the applicant enlisted in the DEP. However, her DD Form 214 appropriately shows that she did not enter an active duty status until 26 September 1986.

2. The evidence available shows that the applicant was awarded the Marksman Marksmanship Qualification Badge and that her rank was private pay grade E-1 at the time of separation. The applicant has provided no evidence to the contrary.

3. There is no evidence of arbitrary or capricious action by the applicant's chain of command in the matter of her discharge processing.

4. Records show the applicant should have discovered the error or injustice now under consideration on 28 July 1988; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 July 1991. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__mdm___ __rjw___ __ecp___ DENY APPLICATION

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law and her application is denied for that reason.



                           Mark D. Manning
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088069
SUFFIX
RECON
DATE BOARDED	20031209
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	100.0200
2.
3.
4.
5.
6.