RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006785


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, that item 4a (Grade, Rate, or Rank)
be corrected to show the entry "PFC" (Private First Class), instead of the
entry "PV2" (Private E-2); item 4b (Pay Grade), be corrected to show the
entry "E3", instead of "E2"; and that the entry " 87 03 31" (31 March
1987), in item 12i (Reserve Obligation Termination Date), of her DD Form
214 (Certificate of Release or Discharge from Active Duty) be removed.

2.  The applicant states, in effect, that she was never in the U.S. Army
Reserve and that her reserve obligation date in item 12i, of her DD Form
214, should be removed and that she was serving in pay grade E-3 prior to
her release from active duty.  She also states that the unit believed that
everyone discharged would be going into the USAR to complete the rest of
their military service.  She states that she was promoted one month prior
to her release.

3.  The applicant provides a copy of her DD Form 214 in support of her
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 August 1982, the date of her release from active duty.
The application submitted in this case is dated 8 May 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 record shows she enlisted in the U. S. Army Reserve
(USAR) Delayed Entry Program (DEP) on 28 November 1980, in pay grade E-1,
for 6 years, with an established expiration term of service (ETS) of
27 November 1986.  She enlisted in the Regular Army on 1 April 1981, for
3 years, with an established ETS of 31 March 1984.  The applicant
successfully completed basic combat training at Fort Jackson, South
Carolina.  She attended advanced
individual training (AIT) at Fort Jackson for military occupational
specialty (MOS), 71L, Administrative Specialist.  She was academically
dropped from the administrative specialist course on 2 July 1981.  She
attended AIT at Fort Jackson, South Carolina, and on completion of her
training was awarded the MOS of 76Y, Supply Specialist, on 27 August 1981.

4.  On 10 September 1981, the applicant was punished under Article 15, of
the Uniform Code of Military Justice (UCMJ), for wrongfully using a pass,
which was unauthorized, and for being absent without leave from her unit on
two occasions. Her punishment consisted of a forfeiture of pay.

5.  On 22 January 1982, the applicant was punished under Article 15, of the
UCMJ, for failing to go to her appointed place of duty.  Her punishment
consisted of a reduction to pay grade E-1, forfeiture of pay, and 14 days
restriction and extra duty.

6.  Item 18 (Appointments and Reductions), of her DA Form 2-1 (Personnel
Qualification Record-Part II), shows that she was advanced to pay grade E-2
effective 1 October 1981, reduced to E-1 effective 22 January 1982, and
advanced to pay grade E-2, effective 5 May 1982.  The grade and date of
rank for PFC, of 1 June 1982, was crossed out from the DA Form 2-1.

7.  On 9 July 1982, the applicant’s commander initiated action under the
provisions of Army Regulation 635-200, chapter 5, paragraph 5-31,
(Expeditious Discharge Program [EDP]), to release her from active duty for
transfer to the Individual Ready Reserve, to complete her contractual
service obligation, or discharge her from the US Army.  He cited as the
basis for his recommendation, the applicant's repeated disciplinary
actions.  He recommended that her service be characterized as under
honorable conditions.

8.  On 3 August 1982, the separation authority approved the recommendation
for separation under EDP and directed that she be furnished an honorable
character of service and that she be transferred to the IRR.  The applicant
was honorably released from active duty on 6 August 1982, in pay grade E-2,
and was transferred to the USAR Control Group (Reinforcement) to complete
her contractual service obligation.

9.  The applicant was honorably discharged from the USAR Control Group
(Annual Training) on 31 March 1987.

10.  Item 4a, of her DD Form 214, shows the entry "PV2," item 4b shows the
entry "E-2," item 12h (Effective Date of Pay Grade), shows the entry "82 05
05" (5 May 1982), and item 12i, shows the entry "87 03 31" (31 March 1987).

11.  Army Regulation 635-5 provides instructions for the preparation of the
        DD Form 214.  It states, in pertinent part, that item 4a and 4b
will be completed to show the active duty grade or rank and pay grade at
the time of separation.  It also states that item 12h (Effective Date of
Pay Grade) will be completed to show the effective date of promotion to the
current pay grade from the most recent promotion order or reduction
instrument.  Item 12i (Reserve Obligation Termination Date) will be
completed to show the Reserve Obligation Termination Date which is
determined by the number of years the individual enlisted for in the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant enlisted in the USAR on
28 November 1980, in pay grade E-1, for 6 years with an established ETS of
27 November 1986.  She enlisted in the RA on 1 April 1981, in pay grade E-
1.

2.  A review of her record shows that she was advanced to E-2 effective
1 October 1981, reduced to E-1 effective 22 January 1982 due to the
administration of non-judicial punishment, and advanced to E-2 effective
5 May 1982.  Her record shows that she was advanced to E-3; however, it
is crossed out in item 18, of her DA Form 2-1.  There is no addition
evidence to show that he she served in the pay grade of E-3 or was
officially advanced to pay grade E-3.

3. The available evidence shows the applicant's rank and grade at the time
of her release from active duty was and is correct as currently
constituted.  Therefore, there is no basis to correct item 4a or 4b, of her
DD Form 214.

4.  The applicant was honorably released from active duty on 6 August 1982,
under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-31,
EPD, in pay grade E-2, with transfer to the USAR Control Group
(Reinforcement) to complete her contractual service obligation.

5.  It is noted that the applicant contractual service obligation date of
27 November 1986 has expired.  However, her Reserve obligation
termination date was computed by adding 6 years to her enlistment date of
1 April 1981 with an established date of
31 March 1987, which is shown in item 12i, of her DD Form 214.  This date
also has expired.  Therefore, there is no basis to remove or correct item
12i, of her DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 August 1982; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 August 1985.  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

__BPI____  ___RDG_  __EM___  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.




                                  __     Bernard P. Ingold_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060006785                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19820806                                |
|DISCHARGE AUTHORITY     |AR 635-200, chapter 5, paragraph 5-31   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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