IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080002861 


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 correction of Item 12b (Separation Date This Period) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "1990  03  30" instead of  "1990  02  22." 

2.  The applicant states that she was discharged on 30 March 1990 at Fort Benning, Georgia, and that the clerk who prepared her DD Form 214, entered her birthday and birth month instead of the actual separation date. 

3.  The applicant provides a copy of her DD Form 214, dated 22 February 1990; and a copy of her Leave and Earnings Statement (LES) for the period 1 March 1990 to 31 March 1990, 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's records show that she enlisted in the U.S. Army Reserve (USAR) for a period of 6 years under the Delayed Entry Program (DEP) on 25 February 1983.  She subsequently enlisted in the Regular Army for a period of 2 years on 16 September 1983.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  She attained the rank/grade of private first class (PFC)/E-3 and was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 10 September 1985. 

3.  The applicant's records further show that she enlisted in the Connecticut Army National Guard (CTARNG) for a period of 4 years, in the rank/grade of PFC/E-3 on 18 September 1985.  She subsequently enlisted in the USAR for a period of 4 years on 15 January 1986.  She attained the rank/grade of specialist four (SP4)/E4 and executed a 6-year reenlistment in the USAR on 14 August 1989.

4.  On an unknown date, the applicant was accepted in an Active Duty Training (ADT) status for a period of 15 days and entered active duty on 1 October 1989.  She subsequently submitted a request for Active Duty for Special Work (ADSW) in support of the Second U.S. Army Noncommissioned Officer (NCO) Academy, Fort Benning, Georgia.  Accordingly, Headquarters, U.S. Army Reserve Command, East Point, Georgia, issued the applicant a series of orders and amendment orders as follows:

	a.  Orders 023-105, dated 12 October 1989, ordered her to ADT for a period of 15 days, effective 14 October 1989;

	b.  Orders 035-077, dated 27 October 1989, amended her ADT period from 15 days to 29 days; 

	c.  Orders 062-001, dated 8 December 1989, ordered her to ADT for a period of 21 days, effective 27 November 1989; 

	d.  Orders 062-008, dated 8 December 1989, amended her ADT period from 21 days to 40 days; 

	e. Orders 074-047, dated 5 January 1990, ordered her to ADT for an unknown number of days, effective 8 January 1990; and

	f.  Orders 089-005, dated 30 January 1990, amended the effective date from 8 January 1990 to 13 January 1990.


5.  The DD Form 214 she was issued at the time shows she was honorably released from ADSW for completion of a period of active duty on 22 February 1990, by reason of self-terminating Orders 023-105, dated 12 October 1989.  This form further shows she completed 4 months and 16 days of creditable military service.

6.  The applicant submitted a copy of her 1-31 March 1990 LES that shows she had a net pay due of "None." 

7.   Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  The DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version in effect at the time, the date the Soldier entered active duty status was entered in Item 12a and the last date of active duty was entered in Item 12b. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant entered active duty in ADT and/or ADSW status on 1 October 1989.  Her record is void of Orders 074-047, dated 5 January 1990, that ordered her to continue her ADT, effective 8 January 1990.  In the absence of this order, her separation date from ADSW cannot be determined.  Furthermore, the applicant's March 1990 LES does not show the exact date she was released from active duty.  In the absence of evidence that shows her exact date of her release from active duty, it is presumed that the date shown on her DD Form 214 is correct.  

2.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit sufficient evidence that would satisfy this requirement.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


								XXX
      _______________________
      	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)                                         AR20080002861



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ABCMR Record of Proceedings (cont)                                         AR20080002861



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