RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060010118 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in:

	a.  Item 12a (Date Entered AD This Period) the entry “760120;” and

b.  Item 18 (Remarks) the entry “760120-830921.”

2.  The applicant states that the entry in item 18 (Remarks) of her DD Form 214 states "Item 12d: Immediate reenlistment this period:  760120-800221//extension of service was at the request and for the convenience of the government."  This is an incorrect entry.  She states that the correct dates should read 760120-830921.”

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 21 September 1983, the date she was released from active duty.  The application submitted was received on 20 July 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 that she entered active duty on 20 January  
1976 for a period of three years.  She completed basic combat training and advanced individual training and was awarded the military occupational specialty 71C1O (Stenographer).  On 7 August 1978, she extended her three year enlistment contract by 18 months which in turn changed her period of service to four years and six months.  This extension moved her initial separation date from 790120 to 800221.

4.  On 22 February 1980, the applicant reenlisted for three more years for the Continental United States (CONUS) station of choice reenlistment option.  This reenlistment option changed her separation date from 800221 to 830221.  On 
24 April 1980, the applicant voluntarily waived that reenlistment commitment (CONUS station of choice) with the understanding that she would be assigned in accordance with the needs of the service.

5.  On 24 August 1982, the applicant extended her enlistment for an additional  
7 months which changed her separation date from 830221 to 830921.  On  
21 September 1983, the applicant was honorably released from active duty after serving a total of 7 years, 8 months, and 2 days of active service.

6.  Item 12d, Total Prior Active Service, of the applicant's DD Form 214 shows the entry 4 years, 1 month, and 2 days.  Item 12a, Date Entered AD This Period, has 22 February 1980 entered.  Item 12c, Net Active Service This Period, shows 3 years and 7 months.

7.  Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "Item 12d: IMMEDIATE REENLISTMENTS THIS PERIOD:  760120-800221//EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT//."

8.  Army Regulation 635-5, in effect at that time, states, in pertinent part, that all separations and immediate enlistment or reenlistments accomplished between the date of entry on active duty and the date of separation from active duty will be entered in the Remarks section of the DD Form 214.  This regulation also specified that a DD Form 214 would not be prepared for enlisted personnel who were discharged for immediate reenlistment, effective 1 October 1979.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected in: 

	a.  Item 12a (Date Entered AD This Period) to show the entry “760120.”

b.  Item18 (Remarks) to show the entry “760120-830921.”

2.  The evidence of record shows that the applicant enlisted on 20 January 1976, she was separated for immediate reenlistment on 21 February 1980 and she served until she was honorably separated on 21 September 1983.  A DD Form 214 was not prepared for the applicant upon immediate reenlistment.  Therefore, the entry in item 18 (Remarks) of the applicant's DD Form 214 is correct as shown.  As such, the applicant is not entitled to correction of this entry.

3.  However, the applicant’s DD Form 214, item 12a, Date Entered AD This Period, should be corrected to show the entry 20 January 1976.

4.  Based on this correction, item 12c, Net Active Service This Period should be corrected to show 7 years, 8 months and 1 day, and item 12d, Total Prior Active Service should be corrected to show 00 years, 00 months, and 00 days.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 September 1983; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
20 September 1986.  While the applicant did not file within the 3-year statute of limitations she has provided compelling 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 

____jrh__  ____jcr__  ____tmr__  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 amending the DD Form 214:

	a.  item 12a, Date Entered AD This Period to show 20 January 1976;

	b.  item 12c, Net Active Service This Period to show 7 years, 8 months, and 1 day; and

	c.  item 12d, Total Prior Active Service to show 00 years, 00 months, and 00 days. 

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 changing item 18 (Remarks) of the DD Form 214 to show the entry 760120-830921.




________Thomas M. Ray__________
          CHAIRPERSON


INDEX

CASE ID
AR20060010118
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
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.

2.

3.

4.

5.

6.