RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070011171 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

Member

Mr. Qawiy A. 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 correction of her records to show she completed 17 years, 9 months, and 4 days of creditable military service instead of 16 years, 8 months, and 7 days.

2.  The applicant states that she entered active duty on 4 November 1974 and was discharged on 12 July 1991, thus entitling her to 17 years, 9 months, and 4 days of creditable military service.

3.  The applicant provides a copy of her DD Form 214, dated 1 July 1991, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was a staff sergeant (SSG)/E-6 in the Regular Army.  She held military occupational specialty (MOS) 31L (Wire Systems Installer).  She initially enlisted in the Regular Army on 6 November 1974 and was honorably discharged on 12 July 1991, in accordance with paragraph 5-8 of Army Regulation 635-200 (Personnel Separations) by reason of parenthood.

3.  The applicant's records reveal a history of an enlistment, an extension, and multiple reenlistments as follows:

	a.  enlisted in the Regular Army on 6 November 1974 for a period of 3 years.  

	b. reenlisted in the Regular Army on 12 July 1977 for a period of 3 years.  On the date she reenlisted, she had completed 2 years, 8 months, and 6 days of active military service.
	c.  reenlisted in the Regular Army on 16 May 1980 for a period of 3 years. On the date she reenlisted, she had completed 2 years, 10 months, and 4 days of military service during the past reenlistment, and a combined total of 5 years, 6 months, and 10 days.  This military service is reflected in Item 9a (Previous Military Service Upon Reenlistment) of the DD Form 4 (Enlistment/Reenlistment Document), dated 16 May 1980. 

	d.  extended her 3-year 16 May 1980 reenlistment, on 3 June 1982, from 3 years to 5 years and 5 months.  

	e.  reenlisted in the Regular Army on 16 July 1985 for a period of 6 years. On the date she reenlisted, she had completed 5 years and 2 months of military service during the past reenlistment, and a combined total of 10 years, 08 months, and 10 days.  This military service is reflected in Item 9a of the DD Form 4, dated 16 July 1985.

	f.  discharged on 12 July 1991.  On the date she was discharged, she had completed 5 years, 11 months, and 26 days of military service during the past reenlistment, and a combined total of 16 years, 8 months, and 7 days. 

4.  The DD Form 214 she was issued at the time of her separation, confirms that she had completed 14 years and 1 day during this period and had a prior active service of 2 years, 8 months, and 6 days, for a combined total of 16 years, 8 months, and 7 days of military service.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant served a total of 16 years, 8 months, and 7 days.  The total service is correctly reflected on her DD Form 214.

2.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is understandable that combining the applicant's separation documents into a single document covering her entire period of service would provide an easier to work with document.  However, there are no provisions authorizing such a consolidation.  Furthermore, it is important to be able to distinguish each period of service for the purpose of determining various benefits or entitlements resulting from such service.  Therefore, the applicant is not entitled to relief on this issue. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jcr___  __jgh___  __qas___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011171
SUFFIX

RECON

DATE BOARDED
20071213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.