RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060012741
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
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Ms. Susan Powers
Member
Mr. Qawiy Sabree
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 that she be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for her active duty service.
2. The applicant states that she was never issued a DD Form 214 for her period of active duty service from 25 July 1980 to 16 August 1980.
3. The applicant provides two applications; an Honorable Discharge Certificate from the U.S. Army Reserve (USAR); and a letter, dated 3 July 2006, from the Department of Veterans Affairs.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 16 August 1980. The application submitted in this case is dated 21 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 applicantÂ’s failure to timely file.
3. The applicant enlisted in the USAR on 24 June 1980 under the Civilian Acquired Skills Program. A DD Form 220 (Active Duty Report) shows she entered active duty on 25 July 1980 and was released from active duty on 16 August 1980. On 23 June 1986, the applicant was honorably discharged from the USAR.
4. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon release from active military service or control of the Army. It states that a DD Form 214 will be prepared for all personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support. Paragraph 2-13 of the version in effect at the time stated a DD Form 220 would be completed for members enlisted under the Civilian Acquired Skills Program if not authorized issuance of a DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant enlisted under the Civilian Acquired Skills Program, and she did not complete 90 days of continuous active duty, there is no basis for granting her request for a DD Form 214. She was properly issued a DD Form 220 and it properly shows her active duty service. A copy will be provided to the applicant.
2. Records show the applicant should have discovered the alleged error now under consideration on 16 August 1980; therefore, the time for the applicant to file a request for correction of any error expired on 15 August 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
JI_____ ____SP__ __QS____ 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.
____John Infante______
CHAIRPERSON
INDEX
CASE ID
AR20060012741
SUFFIX
RECON
DATE BOARDED
20070403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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