RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040006164


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her DD Form 214 (Certificate of
Release or Discharge from Active Duty) to include her Active Duty for
Training (ADT) she completed in 1985 as a member of the United States Army
Reserve (USAR).

2.  The applicant states that her last DD Form 214 does not include her
additional ADT for the military occupational specialty (MOS) for 76P
(Materiel Control and Accounting Specialist Course) at Fort Lee, Virginia.

3.  The applicant further states that her DD Form 214 only shows her first
MOS training and active duty in 1982.  She contends that she has made
several attempts to correct the error and get credit for her military
service.  The applicant notes that she served under several last names
during her military service.

4.  The applicant provides:

      a.  A copy of a DD Form 214 with a date of 10 August 1982.

      b.  A copy of a DD Form 214 with a date of 10 July 1990.

      c.  A Form 1059 (Service School Academic Evaluation Report).

      d.  A Diploma from the Quartermaster School

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 July 1990.  The application submitted in this case is dated
29 July 2004.

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 limitations 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.  The applicant's contract for her initial enlistment in the USAR is not
in the available records.  The applicant's records contain a DARP Form 2496
(Statement of Service), dated 22 November 1993.  This document shows that
the
applicant initially enlisted in the U.S. Army Reserve on 22 February 1982.
She was ordered to initial active duty for training (IADT) with a reporting
date of 2 April 1982.  The applicant performed her initial active duty
training from 2 April 1982 to 10 August 1982.  Her DD Form 214 for the
period ending 10 August 1982 shows she completed 4 months and 9 days net
active service.  Item 14 (Military Education) shows she completed 9 weeks
of training as an administrative specialist.

4.  The applicant completed the Materiel Control and Accounting Specialist
Course 551-76P10 at Fort Lee, Virginia during the period 8 March 1985
through 7 May 1985.  This course was less than 60 days in duration.

5.  The applicant's DD Form 4/1 (Enlistment/Reenlistment Document) shows
that on 8 August 1986, the applicant enlisted in the Regular Army for a
period of
3 years with a report date of 11 November 1986.

6.  The applicant served in the Regular Army from 14 November 1986 and
until 10 July 1990.  She was honorably discharged after completing 3 years,

7 months, and 27 days of active service.

8.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It
states, in pertinent part, that a DD Form 214 will be prepared for all
Active Army Soldiers on termination of active duty by reason of
administrative separation (including separation by reason of retirement or
expiration term of service (ETS)), physical disability separation, or
punitive discharge under the Uniform Code of Military Justice.  It will be
completed for Reserve Component (RC) Soldiers completing 90 days or more of
continuous active duty for training (ADT), Full-Time National Guard Duty
(FTNGD), active duty for special work (ADSW), temporary tours of active
duty (TTAD), or Active Guard Reserve (AGR) service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her DD Form 214 should be corrected to
include
her ADT she completed in 1985.

2.  Evidence of record shows the applicant performed ADT at the
Quartermaster School at Fort Lee, Virginia while a member of the U. S. Army
Reserve.  Therefore, she would not have received a DD Form 214 for this
period of training because she was not on ADT for 90 continuous days.

3.  The applicant may contact the U. S. Army Reserve Personnel Command to
obtain a current Retirement Points Account Summary to verify exactly how
many active duty days she is credited with for the period 8 March 1985
through 7 May 1985.

4.  The applicant was trained in the MOS 76P while a member of the USAR.
Therefore, she would not have been credited with this additional MOS on her

DD Form 214 unless it was utilized while she was on active duty.  Records
show that the applicant served in her primary MOS 76L (Administrative
Specialist) during her period of active duty.  Therefore, the MOS 76P
(Materiel Control and Accounting Specialist) would not have been placed on
her last DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
9 July 1993.  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
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __kwl___  __drt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Raymond J. Wagner
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006164                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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