IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080007147 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 207 active duty days instead of 365 days, in 1991. 

2.  The applicant states that according to her Chronological Statement of Retirement Points, she performed 207 active duty days in 1991.  She is in the process of buying her military active duty time back, but the U.S. Air Force will not accept the DD Form 214 in its current status.   

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 30 November 1991.

	b.  Standard Form 50B (Notification of Personnel Action), dated 31 May 1991.

	c.  AHRC Form 249-2-E (Chronological Statement of Retirement Points), dated 1 March 2007.

	d.  Army National Guard Retirement Points History Statement, dated
10 December 1992.  

	e.  Leave and Earning Statements (LES) for April, May, and June 1991.

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) in the Delayed Entry Program (DEP) on 6 November 1975.  She was discharged from the DEP on 25 April 1976 and subsequently enlisted in the Regular Army for a period of 3 years on 26 April 1976.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).  She was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 15 April 1980.  

3.  After a break-in-service, she enlisted in the California Army National Guard (CAARNG) on 1 December 1989.  She was subsequently called to active duty on 30 November 1990 and was honorably released from active duty on 30 November 1991 for completion of required active service, and reverted back to her ARNG status.  

4.  Item 12a (Date Entered Active Duty This Period) of her DD Form 214 shows the entry “1990  11  30” and Item 12b (Separation Date This Period) shows the entry “1991  11  30.” 

5.  The applicant’s Chronological Statement of Retirement Points, dated 1 March 2007, shows that, during the period 1 December 1990 through 30 November 1991, the applicant was credited with 23 inactive points, 11 extension course points, 15 membership points, and 207 active duty points, for a total of 256 total points creditable.  

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that Item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service final pay, benefits, retirement credit, and so forth are based on this information.  Item 12a shows the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued and Item 12b shows the Soldier’s transition date.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant entered active duty on 30 November 1990 and was released from active duty on 30 November 1991.  The DD Form 214 is a record of uninterrupted, continuous active duty service.  There is no provision to breakdown selected periods covered by one DD Form 214 into smaller periods covered by two or more DD Forms 214.  

2.  The applicant successfully served on active duty this period for 1 year [365 days] which is properly documented on her DD Form 214, dated 30 November 1991.

3.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  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.  Therefore, she is not entitled to relief.

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)                                         AR20080007147



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ABCMR Record of Proceedings (cont)                                         AR20080007147



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