RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          7 June 2007
      DOCKET NUMBER:  AR20060012569


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Jose O. Arriaga               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 DD Form 214
(Certificate of Release or Discharge from Active Duty) for the period
ending 27 February 1980 to show she completed the Basic Noncommissioned
Officer Course (BNCOC) and to reflect time in service in the Individual
Ready Reserve (IRR) from 1984 through 1987.

2.  The applicant states that she recently returned to the U.S. Army
Reserve (USAR) and it is imperative she receive recognition for the dates
of service.  She graduated from BNCOC at Fort Sam Houston, TX in 1980.

3.  The applicant provides a certificate of training.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 February 1980.  The application submitted in this case is
dated 18 August 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 enlisted in the Regular Army on 21 June 1978 and
successfully completed basic training and advanced individual training.
She was awarded military occupational specialties 91F (Psychiatric
Specialist) and 91B (Medical Specialist).

4.  On 27 February 1980, the applicant was released from active duty and
transferred to the USAR.  The applicant was assigned to a Troop Program
Unit when she was ordered to active duty to attend the Patient Care
Specialist Course from 17 November 1981 through 22 October 1982.  She was
transferred to the IRR on an unknown date.  The applicant was discharged
from the USAR on        3 March 1987.

5.  The applicant enlisted in the USAR on 6 July 2005.

6.  The applicant provided an undated certificate of training that shows
she completed the Basic Course for Reserve Component Noncommissioned
Officers. Item 17 (Civilian Education and Military Schools) of her DA Form
2-1 (Personnel Qualification Record) shows she completed a 2-week BNCOC at
the 4164th USAR school in 1980.

7.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a certificate of training that shows she
completed the Reserve Component BNCOC at Fort Sam Houston, Texas.  However,
the certificate of training is not dated.  Her DA Form 2-1 shows she
completed a       2 week BNCOC course in 1980.  The fact she completed a
Reserve Component BNCOC indicates she completed it after she was released
from active duty in February 1980.  In accordance with Army Regulation 635-
5, since there is insufficient evidence to show the course was completed
during the period of service covered by the DD Form 214 for the period
ending 27 February 1980, there is an insufficient basis for correcting this
DD Form 214 to show this course.

2.  The DD Form 214 is meant to show a Soldier’s most recent period of
continued active duty service; therefore, her service in the IRR after she
was released from active duty would not be shown on her DD Form 214 for the
period ending 27 February 1980.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on   26 February 1983.  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

_MF ____  __CD__  __JR  ____  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.




                                  ____ Carmen Duncan_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012569                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070607                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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