IN THE CASE OF:	  

		BOARD DATE:	        12 AUGUST 2008

		DOCKET NUMBER:  AR20080006729 


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 four separate applications (DD Forms 149) that her DD Form 214 be corrected to reflect that she was the honor graduate of her advanced individual training (AIT) class; that she completed Spanish I and II training at Legg Middle School in Coldwater, Michigan; that she was a member of the Womens Army Corp (WAC); and that the term “Intelligence” be added to her DD Form 214.  

2.  The applicant states her status as honor graduate of her AIT class is not reflected on her DD Form 214 nor is the fact that she was a member of the WAC. She also states that her completion of Spanish I and II courses during middle school is not reflected on her DD Form 214, as is the word “Intelligence.” 

3.  The applicant provides copies of correspondence to her congressional representative, a copy of her previous application to the Board requesting that her rank be restored to the pay grade of E-4; a copy of her DD Form 214; copies of documents from her enlistment contract; a copy of her Personnel Qualification Record (DA Form 2-1); copies of Records of Proceedings under Article 15, UCMJ (DA Form 2627); and a copy of a bar to reenlistment. 

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.  On 16 January 1976, the applicant enlisted in the Army for 4 years in the pay grade of E-1.  She successfully completed her basic training at Fort Jackson, South Carolina and her AIT as a wire systems installer/operator at Fort Gordon, Georgia and was designated the Honor Graduate of her AIT class.  She was advanced to the pay grade of E-2 on 16 March 1976, to the pay grade E-3 on 27 May 1976, and to the pay grade of E-4 on 16 April 1977.  She was assigned to Fort Hood, Texas for her first and only duty assignment.

3.  On 16 May 1979, NJP was imposed against the applicant for being absent without leave (AWOL) from 1 May until 3 May 1979.  Her punishment consisted in a reduction to the pay grade of E-3 (suspended for 100 days), a forfeiture of pay in the amount of $100.00 per month for 2 months, and 20 days extra duty.

4.  The applicant had NJP imposed against her on 17 July 1979, for failure to go to her appointed place of duty.  Her punishment consisted of a forfeiture of pay in the amount of $100.00 per month for 1 month.  On the same day, her commanding officer vacated the 100 days suspension for her reduction to the pay grade of E-3 and her reduction was duly executed.

5.  On 9 November 1979, NJP was imposed against the applicant for failure to go to her appointed place of duty.  Her punishment consisted of 14 days restriction and 14 days extra duty.
  
6.  The applicant was honorably discharged on 17 January 1980, under the provisions of Army Regulation 635-200, chapter 2, due to completion of her required service.  She had completed 4 years of total active service and the DD Form 214 that she was furnished at the time of her discharge shows her pay grade as E-3.  She was also under a bar to reenlistment at the time she was discharged.

7.  Paragraph 3-24 of Army Regulation 27-10 provides that further misconduct by an individual within the period of suspension may be grounds for vacation of the suspended portion of the punishment.  In other words the punishment was implemented/imposed as a result of the vacation.    

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only courses completed during military service may be entered on the DD Form 214.  In regards to military education, only the title of the course, the duration of the course, and the year completed will be entered.  There are no provisions to indicate an individual’s class standing on the DD Form 214.  Only information that is in effect as of the effective date of the DD Form 214 will be entered on that form.     

9.  The Women’s Army Auxiliary Corps (WAAC) was approved by Congress on 14 May 1942.  On 1 July 1943, President Franklin D. Roosevelt signed a bill and 90 days later the WAAC was discontinued and in its place was the Women’s Army Corps (WAC).  The Women’s Army Corps as a separate corps of the Army was disestablished on 29 October 1978 by an Act of Congress.   

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show 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.
 
2.  The applicant’s contention that her status as the honor graduate of her AIT class should be reflected on her DD Form 214 has been noted and found to lack merit.  There were no provisions then and there are no provisions under current standards to make such an entry on the DD Form 214.  

3.  The applicant’s contention that her completion of Spanish training courses completed while in middle school should be entered on her DD Form 214 has also been noted and found to lack merit.  Only those courses completed on active duty are authorized for entry on the DD Form 214.  The applicant has failed to provide evidence to establish that such was the case. 

4.  The applicant’s contention that her DD Form 214 should reflect that she was a member of the WAC has been noted and found to lack merit.  At the time she was discharged the WAC no longer existed.  Also, at the time she was discharged, she was serving in the Regular Army and her DD Form 214 correctly reflects that information.

5.  The applicant’s contention that her DD Form 214 should reflect the word “intelligence” has been noted; however, the applicant did not provide a coherent explanation of her request in that regard and therefore it cannot be determined what she is referring to.  Therefore, in the absence of a better explanation and sufficient evidence to establish that an error or injustice occurred, it must be presumed that the information on her DD Form 214 is correct.      
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)                                         AR20080009862



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ABCMR Record of Proceedings (cont)                                         AR20080006729



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