IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080006949
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 her Report of Separation from Active Duty (DD Form 214) to show that she served a total of 35 months.
2. The applicant states that she entered active duty on 3 February 1978 and her terminal date of service was 26 January 1981. Therefore, she feels that her
DD Form 214 should show 35 months of service.
3. The applicant provides a copy of her 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. On 27 January 1978, the applicant enlisted in the United Stated Army Reserve. She was ordered to active duty for training (ADT) on 3 February 1978. She completed her initial training and was awarded military occupational specialty (MOS) 75C (Personnel Management Specialist).
3. On 9 May 1978, the applicant was released from active duty and transferred back to her Reserve unit. She had completed 3 months, and 7 days of ADT. This period of ADT is recorded in Item 18 (Record of Service), of the applicants
DD Form 214.
4. On 4 October 1979, the applicant was discharged from the United States Army Reserve with a general characterization of service. She completed only
1 year, 8 months, and 8 days of her obligation.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the recording of service in Item 18 (Record of Service). This record includes the net active service during the particular period of the report as well as any prior active and inactive service.
DISCUSSION AND CONCLUSIONS:
1. The record of evidence clearly shows that the applicant completed 3 months and 7 days of ADT and that this service is correctly entered on her DD Form 214.
2. 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 the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080006949
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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