IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080001725
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 that her dates of entry and discharge on her DD Form 214 (Report of Separation from Active Duty) be corrected.
2. The applicant states that she entered the service in 1975 and she believes she was in the Army for 2 1/2 years.
3. The applicant provides a copy of her re-issued DD Form 214.
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 applicant enlisted in the U. S. Army Reserve Control Group (Delay Entry) on 31 July 1974. On 6 March 1975, she enlisted in the Regular Army.
3. On 20 September 1976, action was initiated to separate the applicant under the provisions of Army Regulation 635-200, chapter 13 for unsuitability.
4. On 20 October 1976, the applicant was discharged, with a general discharge under honorable conditions. Her original DD Form 214 correctly showed she entered active duty on 6 March 1975 (with 7 months and 5 days of prior inactive service while in the Delayed Entry Program) and separated on 20 October 1976 after completing 1 year, 7 months, and 15 days of creditable active service.
5. In 1979, the Army Discharge Review Board (ADRB) upgraded the applicants discharge. When her DD Form 214 was re-issued as a result of her discharge upgrade, item 18 (Date Entered Active Duty This Period) was completed to show she entered active duty on 20 October 1976. The rest of item 18 shows she completed 1 year, 7 months, and 15 days of active service and 7 months and 5 days of prior inactive service.
DISCUSSION AND CONCLUSIONS:
An error was made in item 18 of the applicants DD Form 214 when it was re-issued after the ADRB upgraded her discharge. The date of her separation was inadvertently entered in this item instead of the date of her entry on active duty (i.e., 6 March 1975). The rest of item 18 correctly shows that she completed 1 year, 7 months, and 15 days of active service and 7 months and 5 days of prior inactive service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ ___xx___ __xx____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of her re-issued DD Form 214 to show she entered active duty on 6 March 1975.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting her re-issued DD Form 214 to change her date of discharge.
_ ____xxxx ____________
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) AR20080001725
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ABCMR Record of Proceedings (cont) AR20080001725
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