RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
	   

	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060013760 


	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.


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	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 the effective date of pay grade and the date she entered active duty be changed from 17 October 1976 to 13 October 1976 on her DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states, in effect, that the effective date of pay grade and the date she entered active duty are not accurate.  She states she has been denied 
5-point veteran’s preference and she was unable to return to civil service employment.  This error has affected her being employed even with 15 years prior military service.  She also states she has been denied 10-point veteran’s preference from her late husband’s death.  

3.  The applicant provides a supplemental letter, dated 19 September 2006; two letters from the Army Review Boards Agency, Support Division, St. Louis, Missouri, dated 20 May 2006 and 17 July 2006; her DD Form 214; and her DA Form 71 (Oath of Office).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 15 August 1980.  The application submitted in this case is dated 18 September 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 was appointed as a Reserve second lieutenant in the Women’s Army Corps (WAC) on 13 October 1976.  Her Oath of Office shows she was appointed on 13 October 1976.

4.  Department of the Army, Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, Missouri Orders Number A-09-7726, dated 16 September 1976, ordered the applicant to active duty with a report date of 17 October 1976.  These orders show the effective date of assignment to the active duty accession detachment as 15 October 1976.

5.  The applicant was promoted to first lieutenant (1LT) with an effective date and date of rank of 17 October 1978.

6.  Item 35 (Record of Assignments) on the applicant’s DA Form 2-1 (Personnel Qualification Record) shows the entry “761013-761016 USAR Svc not on AD.”  Her DA Form 2-1 also shows she was ordered to active duty on 17 October 1976.  She reviewed her DA Form 2-1 on 17 December 1979.

7.  The applicant signed her Officer Record Brief (ORB), which shows she entered active duty date on 17 October 1976, on 3 December 1979, and on 17 December 1979 

8.  The applicant was released from active duty on 15 August 1980 in the rank and pay grade of 1LT, O-2.  On the following date, she was transferred to the 
U.S. Army Reserve Control Group (Reinforcement).  Her DD Form 214 shows she completed 3 years, 9 months, and 29 days of active service during this period and 4 days of prior inactive service.  

9.  Item 12a (Date Entered Active Duty this Period) on her DD Form 214 for the period ending 15 August 1980 shows she entered active duty on 17 October 1976.

10.  Item 12h (Effective Date of Pay Grade) on her DD Form 214 for the period ending 15 August 1980 shows the effective date of pay grade as 17 October 1978.

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  In the version in effect at the time, 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.  In pertinent part it directed that the date entered on active duty or date of enlistment or reenlistment would be entered in item 12(a) and the Soldier's effective date of promotion to pay grade would be entered in item 12(h).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve second lieutenant in the WAC on 13 October 1976.




2.  Orders show the applicant was ordered to active duty on 17 October 1976 with an accession date of 15 October 1976.  However, her DA Form 2-1 and her ORB, both of which she signed, shows she entered active duty on 17 October 1976.  In the absence of evidence showing she entered active duty on either     15 October 1976 or 13 October 1976, there is insufficient evidence on which to correct item 12a on her DD Form 214.  Therefore, the applicant’s DD Form 214 correctly reflects the date she entered active duty on 17 October 1976 in item 12a.

3.  The applicant was promoted to 1LT with an effective date and date of rank of 17 October 1978.  She was released from active duty on 15 August 1980 in the rank and pay grade of 1LT, O-2 and her DD Form 214 for this period correctly reflects the effective date of her pay grade as 17 October 1978 in item 12h.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 August 1980; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 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

x______  x______ x______  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.




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          CHAIRPERSON


INDEX

CASE ID
AR20060013760
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070424
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.

3.

4.

5.

6.