RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20070003075


      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. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 she separated in March
1990.

2.  The applicant states she reenlisted in the U. S. Army Reserve (USAR)
for      3 more years and was discharged in March 1990.

3.  The applicant provides a chronological statement of retirement points;
an Honorable Discharge Certificate; and her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 March 1990, the date she was discharged from the USAR.  The
application submitted in this case is dated 17 February 2007.

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 Delayed Entry Program on 29 October 1980
for  6 years.  She enlisted in the Regular Army on 29 September 1981 for 3
years.

4.  On 28 September 1984, the applicant was honorably relieved from active
duty upon the expiration of her term of service and was transferred to the
USAR Control Group (Reinforcement).  She was issued a DD Form 214 showing
she was separated on 28 September 1984 after completing 3 years of
creditable active service.

5.  On 16 March 1987, the applicant reenlisted in the USAR for 3 years.

6.  On 16 March 1990, the applicant was honorably discharged from the USAR.


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.  In pertinent part, it states 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 served in the Regular Army from 29 September 1981 until
she was honorably relieved from active duty upon the expiration of her term
of service on 28 September 1984.

2.  It is acknowledged that the applicant reenlisted in the USAR on 16
March 1987 and was honorably discharged from the USAR on 16 March 1990.
However, the DD Form 214 is only meant to be a synopsis of the Soldier’s
most recent period of continuous active duty.  The applicant’s continuous
active duty terminated on 28 September 1984; therefore, her DD Form 214
correctly shows she separated on 28 September 1984.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 March 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           15 March 1993.  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

__jcr___  __rmn___  __djp___  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.




                                  ___Jeffrey C. Redmann_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003075                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070809                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]