RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 January 2008
DOCKET NUMBER: AR20070012245
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Joe R. Schroeder
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 correction of her Report of Separation from Active Duty (DD Form 214) to show her date of entry as 18 September 1973.
2. The applicant states that she gave birth to her daughter on 2 March 1973, and could not have entered active duty the next day.
3. The applicant provides a copy of her DD Form 214 effective 30 June 1975, and Item 38, Record of Assignments, of her Enlisted Qualification Record (DA Form 20).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 February 1972, the applicant enlisted in the Regular Army for 3 years. She completed her initial training and was awarded military occupational specialty 71B2O (Clerk Typist).
3. On 28 August 1972, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, chapter 8, for pregnancy. She had attained the rank of private, pay grade E2 and had completed 6 months and
15 days of creditable active duty.
4. On 18 September 1973, the applicant again enlisted in the Regular Army for
3 years. She was assigned to Fort McPherson, Georgia. On 16 March 1975, the applicant was assigned for duty as an administrative clerk with Headquarters and Headquarters Company, V Corps, in the Federal Republic of Germany.
5. On 30 June 1975, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, chapter 8, for parenthood. She had attained the rank of specialist four and had completed 1 year, 9 months and
13 days of creditable service during this period, and a total of 2 years, 3 months, and 28 days of creditable active service.
6. Item 15 (Date Entered Active Duty This Period) of the applicant's DD Form 214 effective 30 June 1975, shows 3 March 1973. Item 18 (Record of Service) of this same document, shows Net service this period as 2 years, 3 months and
28 days; prior active service as 6 months and 15 days; total active service as
2 years, 10 months, and 13 days.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that the applicant enlisted twice in the Regular Army. She completed 6 months and 15 days of her first enlistment. Her second enlistment commenced on 18 September 1973. Therefore, her DD Form 214 should be corrected to reflect the actual dates and time she served.
BOARD VOTE:
_ _QS ___ __JRS __ __CLG __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned, in particular her
DD Form 214 effective 30 June 1975, be corrected by:
a. showing in Item 15 (Date Entered Active Duty This Period):
18 September 1973;
b. showing in Item 18a (Net Active Service This Period): 1 year,
9 months, and 13 days;
c. showing in Item 18c (Total Active Service): 2 years, 3 months and
28 days; and
d. showing in Item 18e (Total Service for Pay): 2 years, 3 months, and
28 days.
__ Curtis L. Greenway_______
CHAIRPERSON
INDEX
CASE ID
AR20070012245
SUFFIX
RECON
DATE BOARDED
20080115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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