RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060002202


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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, issuance of a DD Form 214
(Certificate of Release or Discharge from Active Duty).

2.  The applicant states that she was on active duty at Fort Jackson, South
Carolina, from 29 August 1986 to 29 November 1986 and the dates listed in
her records are incorrect.

3.  The applicant provides a letter from Veterans Support Branch, DD Form
220 (Active Duty Report), Enlistment /Reenlistment Document, and orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 November 1986.  The application submitted in this case
is dated  3 February 2006.

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 show she enlisted in the United States Army
Reserve on 15 July 1986 for 8 years in the pay grade of E-3.

4.  Orders 145-09, dated 21 July 1986, ordered the applicant to Initial
Active Duty for Training with a report date of no later than 29 August
1986.  The orders stated that the applicant’s training period for Military
Occupational Specialty (MOS) 71L was for approximately 10 weeks or
completion of Basic and Advanced Individual Training.  The official stamp
on the orders indicates that the applicant reported to the Reception
Station at Fort Jackson on 29 August 1986 and was released to inactive duty
on 27 November 1986.

5.  Orders 190-15, dated 23 September 1986, changed the applicant’s
original report date from 29 August 1986 to 23 September 1986.  These
orders were also stamped with a report date to the Reception Station as of
29 August 1986 and a release date of 27 November 1986.
6.  The DD Form 220 shows the applicant’s effective date of entry on active
duty was 29 August 1986 and the date the tour of duty terminated was listed
as           29 November 1986.  This report was signed by the assistant
adjutant on
29 November 1986.

7.  Orders 189-656, from Fort Jackson, South Carolina, dated 30 September
1986, relieved the applicant from attached to the Reception Station to
assign to Company D, 10th Battalion, 2nd Basic Training Brigade, Fort
Jackson, South Carolina.  The effective date was listed as 30 September
1986.

8.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows the
effective date of her assignment to Fort Jackson, South Carolina, as
23 September 1986.  Her effective date for attendance at basic training was
listed as 4 October 1986.

9.  On 24 January 2006, the Chief, Veterans Support Branch, Personnel
Services Division, responded to the applicant’s request for issuance of a
DD Form 214.  The Chief, Veterans Support Branch, stated that a DD Form 214
is issued upon completion of 90 days or more of consecutive active duty.  A
review of the applicant’s military record shows that she reported to basic
training on                23 September 1986 and was released from active
duty on 29 November 1986.  The Chief, Veterans Support Branch, stated that
the Defense Finance and Accounting Service Agency was unable to locate the
applicant’s pay records to verify the dates.  Therefore, the Chief,
Veterans Support Branch, concluded that based on the information located in
her military records a DD Form 214 could not be issued.

10.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, that the DD Form
214 will be prepared for Reserve Component Soldiers completing initial
Active Duty Training that results in the award of a MOS, even when the
active duty period was less than 90 days.

DISCUSSION AND CONCLUSIONS:

1.  There is no question that the applicant is entitled to the issuance of
a DD Form 214 for the period of active duty service which resulted in her
being awarded her MOS.  However, the date she entered active duty is the
date that is at question.

2.  The DD Form 220 shows the applicant’s effective date of entry on active
duty was 29 August 1986 to 29 November 1986.  The applicant initial orders
to active duty also show her report date as 29 August 1986 and the official
stamp on her orders verifies she reported to the Reception Station on 29
August 1986.  The applicant argues that she was on active duty at Fort
Jackson, South Carolina from 29 August 1986 to 29 November 1986.

3.  On the other hand, the Chief, Veterans Support Branch, Personnel
Services Division, stated that a review of the applicant’s military record
shows she reported to basic training on 23 September 1986.  The amended
orders changed her reporting date to 23 September 1986.  Additionally, the
applicant’s DA Form 2-1 lists an effective date to basic training of 23
September 1986.

4.  Normally, Soldiers attending basic training are not held at a Reception
Company any longer than a week to facilitate their move to the new company.
 Therefore, considering all the evidence available, this Board opines that
the most compelling evidence was the orders from Fort Jackson dated 30
September 1986 which relieved the applicant from the Reception Station and
assigned her to the Basic Training Brigade.  Those orders coincide with the
information listed on the applicant’s DA Form 2-1 as well as the
information provide by the Chief, Veteran Support Branch, which established
that the applicant’s period of active duty service was from 23 September
1986 to 29 November 1986.  In view of these facts, the applicant is
entitled to the issuance of a DD Form 214 for the above period of service.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 November 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   28 November 1989.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
or argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___PM __  __RS ___  __DH___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by issuing her a DD Form
214 from 23 September 1986 to 29 November 1986.

2.  The Board further determined that 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
the effective date of the DD Form 214 being listed as 29 August 1986.




                            _____Patrick McGann________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002202                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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