IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20070018340
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her DD Form 214 (Report of Separation from Active Duty) be corrected to show her total period of active duty service.
2. The applicant states, in effect, that her DD Form 214 should be corrected to accurately reflect her total period of active duty service.
3. The applicant provides no additional documents 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 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. The applicants military records are not available to the Board for review. However, there were sufficient documents remaining in her record for the Board to conduct a fair and impartial review of this case. This case is being considered using records, which primarily consist of the applicant's DD Form 214.
3. The available evidence shows the applicant was ordered to active duty to complete her Initial Active Duty for Training (IADT) on 11 August 1978. She was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist). She remained on active duty for 3 months and 11 days until being honorably released from active duty and returned to her USAR unit on
22 November 1978.
4. The applicant's record contains a DD Form 214 that documents the applicant's 3 months and 12 (sic) days of active duty service from 11 August 1978 through 22 November 1978 in Item 18c. This document does not contain an entry indicating that she had any prior service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item preparation instructions.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim that her DD Forms 214 does not accurately reflect her total period of active duty service, was carefully considered and found to be insufficient in merit.
2. The applicant's record confirms that at the time she was issued her
22 November 1978 DD Form 214, she had completed a total of 3 months and
12 days of total active duty service. There is no evidence nor has the applicant submitted any evidence in support of her allegation. Given, there is no apparent error or injustice in the applicant's record, there is an insufficient evidentiary basis to support granting the requested relief.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x_____ 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.
_ _______ x ______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070018340
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ABCMR Record of Proceedings (cont) AR20070018340
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