RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         5 January 2006
      DOCKET NUMBER:  AR20050004418


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 in effect, correction of her discharge document.

2.  The applicant states, in effect, that her discharge document is
incorrect and should be corrected to show that she entered inactive duty in
the Delayed Entry Program on 31 October 1975 and entered into active duty
on 8 January 1976.  She also states that it appears that her discharge
document does not account for her active duty time between 29 January 1979
and 17 December 1981.  The applicant acknowledges that she does not know if
she is missing any of her discharge documents, or if this service time is
not accounted for on her discharge document, and she also makes reference
to her place of entry into active duty.

3.  The applicant provides copies of her DD Form 214 (Report of Separation
from Active Duty), with an effective date of 29 January 1979; DD Form 214
(Certificate of Release or Discharge from Active Duty), with an effective
date of 14 October 1983; two DD Forms 215 (Correction to DD Form 214,
Certificate of Release or Discharge from Active Duty), dated 15 April 1986;
and DD Form 214, with an effective date of 13 March 1987, in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
13 March 1987, the date of her discharge from the Regular Army.  The
application submitted in this case is dated 18 March 2005.

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 records contain a copy of DD Form 214, with an
effective date of 29 January 1979.  Item 14 (Place of Entry into Current
Active Service) of this document contains the entry "AFEES, Buffalo, NY
14215".  Item 15 (Date Entered Active Duty This Period) contains the entry
"75 10 31" and Item
9d (Effective Date) contains the entry "79 01 29".  This document also
shows in Item 18 (Record of Service), Section a (Net Active Service This
Period), that the applicant completed 3 years, 2 months, and 30 days active
service; in Item 18, Section b (Prior Active Service), that the applicant
had no prior active service; and in Item 18, Section d (Prior Inactive
Service), that the applicant had completed 2 months and 7 days of inactive
service prior to her entry on active duty.  This document also shows that
the applicant was honorably discharged on 29 January 1979.

4.  The applicant's records contain a copy of DD Form 214, with an
effective date of 14 October 1983, as corrected by two DD Forms 215, dated
15 April 1986. Item 6 (Place of Entry into Active Duty) of this document
contains the entry "Buffalo, NY".  Item 12 (Record of Service), Section a
(Date Entered Active Duty This Period), contains the entry "81 12 17" and
Section b (Separation Date This Period) contains the entry "83 10 14".
This document also shows in Item 12, Section c (Net Active Service This
Period), that the applicant completed 1 year,
9 months, and 27 days; and in Item 12, Section d (Total Prior Active
Service), that the applicant had completed 5 years, 11 months, and 9 days
prior active service.  This document also shows that the applicant was
honorably discharged on 14 October 1983 and that the reason for her
discharge was based upon hardship.

5.  The applicant's records contain a copy of DD Form 214, with an
effective date of 13 March 1987.  Item 6 (Place of Entry into Active Duty)
of this document contains the entry "Buffalo, NY".  Item 12 (Record of
Service), Section a (Date Entered Active Duty This Period), contains the
entry "86 10 22" and Section b (Separation Date This Period) contains the
entry "87 03 13".  This document shows in Item 12, Section c, that the
applicant completed 4 months and 22 days net active service this period;
and in Item 12, Section d, that the applicant had completed 7 years, 10
months, and 6 days total prior active service.  This document also shows
that the applicant was honorably discharged on 13 March 1987 and that the
reason for discharge was based upon her inability to perform prescribed
duties due to parenthood.  Item 19 (Mailing Address After Separation) of
this document contains the entry "# Northland Ave (Erie), Buffalo, NY
14215".

6.  The applicant's Official Military Personnel File contains a DD Form 4
(Enlistment/ Reenlistment Document - Armed Forces of the United States),
which shows she enlisted in the U.S. Army Reserve for a period of 6 years,
effective
7 October 1996.  However, the applicant's Official Military Personnel File
is absent any other DD Forms 4.

7.  The applicant's records contain a copy of Headquarters, 63rd Regional
Support Command, Los Alamitos, California, Orders 02-109-00037, dated
19 April 2002, which shows that the applicant was assigned to the U.S. Army
Reserve Control Group (Reinforcement), effective 1 October 2001.
8.  In support of her application, the applicant provides copies of her
discharge documents that are also on file in her Official Military
Personnel File.  These documents support the documentary evidence on file
in her military records relating to the applicant's inactive and active
military service.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the OMPF.

10.  Paragraph 2-8 of the separation documents regulation in effect at the
time of the applicant's discharge refers to Table 2-1 (DD Form 214
Preparation Instructions), which contains item-by-item instructions for
completing the
DD Form 214.  The instructions for Item 6 (Place of Entry into Active Duty)
are to enter the city and state from which member last entered on active
duty from civilian life.  The instructions for Item 12a (Date Entered
Active Duty This Period) are to enter the date of the first day of the last
immediate reenlistment for which a DD Form 214 was not issued under the
provision of paragraph 1-4b(5).  The instructions for Item 12b indicate
"self-explanatory", meaning to enter the Soldier's separation date.  The
instructions for Item 12c (Net Active Service This Period) and Item 12d
(Total Prior Active Service) state that all service entered will be less
time lost under 10 U.S.C. 972 and time lost after expiration of term of
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that she actually enlisted in the
United States Army Reserve Delayed Entry Program on 31 October 1975,
entered the Regular Army on active duty on 8 January 1976, and remained on
active duty continuously from that date until 14 October 1983.  She further
contends that her DD Form 214 does not appear to account for the time she
spent on active duty between 29 January 1979 and 17 December 1981.

2.  The evidence of record shows that the applicant entered into active
duty at Buffalo, New York.  At the time of her discharge from active duty
on 13 March 1987, the evidence of records shows the applicant's mailing
address after separation as Buffalo, New York.  There is no evidence of
record that shows the applicant entered active duty other than at Buffalo,
New York, and the applicant provides insufficient evidence to support her
claim that this entry on her discharge document is incorrect.  Therefore,
Item 6 of the applicant's DD Form 214, with an effective date of 13 March
1987, is correct and should not be changed.

3.  The evidence of record shows that the applicant entered active duty in
the Regular Army on 31 October 1975.  The evidence of record also indicates
that the applicant entered the U.S. Army Reserve Delayed Entry/Enlistment
Program in an inactive status prior to 31 October 1975 because her DD Form
214, with an effective date of 29 January 1979, shows that she had
completed 2 months and 7 days of prior inactive service.  There is no
evidence of record that shows the applicant entered the U.S. Army Reserve
Delayed Entry/Enlistment Program on 31 October 1975, or that she entered
active duty on 8 January 1976, and the applicant provides insufficient
evidence in support of her claim.  Therefore, Item 18 (Date Entered Active
Duty This Period) and Item 18d (Prior Inactive Service) of the applicant's
DD Form 214, with an effective date of 29 January 1979, are correct and
should not be changed.

4.  The evidence of record shows that the applicant's period of active duty
between 29 January 1979 and 17 December 1981 is accounted for in Item 12d
(Total Prior Active Service) of the applicant's DD Form 214, with an
effective date of 13 March 1987.  In addition, the applicant's inactive
service in the Delayed Entry/Enlistment Program is included in Item 12e
(Total Prior Inactive Service), of this document.  Therefore, correction of
Item 12d or Item 12e of the applicant's DD Form 214, with an effective date
of 13 March 1987, is not required.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 13 March 1987; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 12 March 1990.  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

__WDP__  __TMR__  __RJF___  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.




                                  ___WILLIAM D. POWERS___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004418                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19870313                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 5-8               |
|DISCHARGE REASON        |Inability to Perform Duties Due to      |
|                        |Parenthood                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]