RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070012852 


	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:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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 Item 12a (Date Entered Active Duty This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 January 1992, to show "76 01 20" instead of "78 11 03." 

2.  The applicant states that she is in the process of applying for disability retirement from the U.S. Postal Services and needs her DD Form 214 to capture her entire period of military service. 

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 January 1992.

	b.  DD Form 214 (Report of Separation from Active Duty), dated 2 November 1978.

	c.  DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), dated 23 July 1975.

	d.  Armed Forces Examining and Entrance Station, Richmond, Virginia, Active Duty Order Number 147-5, dated 23 July 1975.

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.  With prior service in the U.S. Army Reserve (USAR), the applicant's records show that she enlisted in the Regular Army on 20 January 1976 and was honorably discharged on 2 November 1978 for the purpose of immediate reenlistment.  The DD Form 214 she was issued shows that she completed 2 years, 9 months, and 13 days of creditable active military service.

3.  On 3 November 1978, the applicant reenlisted in the Regular Army for a period of 6 years.  Item 9 (Previous Military Service) of her DD Form 4, dated 3 November 1978, shows that she had completed 2 years, 9 months, and 13 days of previous military service.  

4.  The applicant subsequently executed a series of extensions and/or reenlistments and was honorably discharged on 29 January 1992 in accordance with chapter 5 of Army Regulation 600-200 (Personnel Separations), for not meeting weight standards.  Item 12a (Date Entered Active Duty) of the DD Form 214 she was issued at the time shows she entered active duty on 3 November 1978, Item 2c (Net Active Service This Period) shows she completed 13 years, 
2 months and 27 days of service and Item 12d (Total Prior Active Service) shows she completed 2 years, 9 months, and 13 days of prior creditable 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.  The date the Soldier entered active duty status will be entered in Item 12a.  The last date of active duty will be entered in Item 12b. The total prior active duty service will be entered in Item 12d. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant completed 2 years, 9 months, and 
13 days of creditable military service during her initial enlistment in the Regular Army between 20 January 1976 and 2 November 1978 and her entry date is correctly shown on the DD Form 214 that was issued on 2 November 1978.  

2.  Evidence of record further shows that she reenlisted on 3 November 1978 and was discharged on 29 January 1992.  Item 12a of her DD Form 214, issued on 29 January 1992, correctly reflects her entry date as "78 11 03" and Item 12b (Separation Date This Period) correctly reflects the entry "92 01 29."  Item 12c (Net Service This Period) correctly reflects that she completed 13 years, 2 moths and 27 days of service.  Item 12d (Prior Active Service) correctly reflects an entry of 2 years, 9 months, and 13 days, which is the applicant's total period of prior military service. 

3.  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.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Consolidation of two or more periods of service into one DD Form 214 violates the intent and purpose of the DD Form 214.  The applicant has not shown error, injustice, or inequity for the relief she is requesting.  Therefore, she is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ LCB___  __PMS __  _SLP ___  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.





___  Shirley L. Powell ____
          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.