RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	   31 July 2007
	DOCKET NUMBER:  AR20070001125 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. 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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she was paid for zero days of accrued leave and that she contributed to the Post-Vietnam Era Veteran's Education Assistance Program. 

2.  The applicant states that she transferred to the Public Health Service and did not have a break in service.  The applicant further states that she was not paid for accrued leave and that she did contribute to the Post-Vietnam Era Veteran's Education Assistance Program. 

3.  The applicant provides copies of letters that she sent requesting correction of her DD Form 214, a copy of her DD Form 214, a Defense Finance and Accounting Services Memorandum, a Department of the Army Memorandum, and copies of transfer orders in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 August 1995, the date of her transfer to the Public Health Service.  The application submitted in this case is dated 13 December 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.  Records show that the applicant transferred to the Public Health Service on 15 August 1995.  The DD Form 214 prepared at that time shows that she was paid for 74.5 hours of accrued leave and that she did not contribute to the Post-Vietnam Era Veteran's Education Assistance Program. 

4.  This DD Form 214 also shows that the applicant validated the information by placement of her signature.

5.  The applicant provided a memorandum, dated 12 September 1995, from the Chief of the Transition Point, Walter Reed Army Medical Center to the Commander of the Army Personnel Record Center.  The Chief of the Transition Point, Walter Reed Army Medical Center requested that item 16 (Days Accrued Leave Paid) of the applicant's DD Form 214 be corrected to read "00."  This memorandum does not address the applicant's contribution to the Post-Vietnam Era Veteran's Education Assistance Program. 

6.  There is no evidence in the available records which shows that the applicant elected to contribute to the Post-Vietnam Era Veteran's Education Assistance Program. 

7.  Army Regulation 635-5 (Separation Documents) 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's contention that her DD Form 214 should be corrected to show that she was not paid for accrued leave at the time of her transfer to the Public Health Service was carefully considered and determined to have merit.

2.  Evidence clearly shows that the Chief of the Transition Point requested that the applicant's records be corrected to show "00" days as paid leave.  There is no evidence that this correction was accomplished.  Therefore, it would appropriate in this case to amend the applicant's DD Form 214 to show in item 16 the entry "00."

3.  The applicant's contention that her DD Form 214 should be amended to show that she contributed to the Post-Vietnam Era Veteran's Education Assistance Program was also carefully considered and unfortunately determined to be without merit.

4.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that she contributed to the Post-Vietnam Era Veteran's Education Assistance Program.   The applicant validated her DD Form 214 at the time of her transfer and absent evidence which shows she contributed to the Post-Vietnam Era Veteran's Education Assistance Program; there is no basis to grant the relief requested. 



5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 August 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 August 1998.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JRM____  _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 block 16 of her DD Form 214 to show the entry "00."

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 amendment of the DD Form 214 to show contribution to the Post-Vietnam Era Veteran's Education Assistance Program. 




___Jeanette R. McCants__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.