IN THE CASE OF:	  

		BOARD DATE:	       15 January 2009

		DOCKET NUMBER:  AR20080009745 


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 last DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she had continuous service from 24 October 1972 through 12 May 1980 and award of the Army Commendation Medal.

2.  The applicant states she served continuously from 24 October 1972 through 12 May 1980, but her last DD Form 214 with an ending date of 12 May 1980 does not show this fact.  She was also awarded the Army Commendation Medal but it was omitted from her discharge document. 

3.  The applicant provides copies of a DD Form 214 (Report of Separation from Active Duty) with an ending date of 1 December 1974; a DD Form 214 with an ending date of 12 May 1980; Headquarters, 6th Personnel and Administration Battalion Special Orders Number 323, dated 19 November 1974; Headquarters, United States Army Health Services Command, Fort Sam Houston, Texas Permanent Orders 51-1, dated 11 May 1979; and an Army Commendation Medal certificate.

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 entered active duty on 24 October 1972, completed training, and was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  Special Orders Number 323, dated 19 November 1974, shows the applicant was discharged effective 1 December 1974 and reenlisted effective 2 December 1974 for a period of 6 years.

4.  Her 1 December 1974 DD Form 214 lists her awards as the National Defense Service Medal.

5.  During the period in question, the applicant's record contains copies of an USAREEC Form 10 (Enlisted Evaluation Data Report), dated 1 February 1975; and three DA Forms 2166-5 (Enlisted Evaluation Reports), dated 21 January 1976, 19 April 1976, and 5 October 1976.

6.  Permanent Orders 51-1, dated 11 May 1979, awarded the applicant the Army Commendation Medal for the period 17 September 1976 to 10 July 1979.

7.  The 12 May 1980 DD Form 214 provides the following information:

	a.  item 11 (Primary Specialty Number and Years and Months in Specialty) show "91B2O  Medical Specialist  6 years and 2 months";

	b.  item 12a (Dated Entered Active Duty This Period) show "76  12  02" (2 December 1976);

	c.  item 12c (Net service This Period) show "03  05  11" (3 years, 5 months, and 11 days);



	d.  item 12d (Total Prior Active Service) show "04  01  08" (4 years, 1 month, and 8 days); and

	e.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) show the National Defense Service Medal and the Army Good Conduct Medal (2nd award).

8.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows continuous active duty assignments from 24 October 1972 through 12 May 1980.  It shows she was awarded the Good Conduct Medal on 23 October 1975 and again on 23 October 1978. 

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect, in 1980, does not contain any requirement to list a Soldier's prior periods of service or dates of reenlistments.  During the applicant's tenure of service, at the end of each enlistment a separate DD Form 214 was to be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that her last DD Form 214 does not show she had continuous service continuously from 24 October 1972 through 12 May 1980 and omits her award of Army Commendation Medal.

2.  The applicant was awarded the Army Commendation on 11 May 1979.  This award was omitted from her DD Form 214 and it is appropriate to correct her records to include this award.

3.  The applicant's records show she initially entered active duty on 24 October 1972 with an immediate reenlistment on 2 December 1974 for a period of 6 years.

4.  At the time the applicant reenlisted, on 2 December 1974, a separate DD Form 214 was required to be prepared to reflect the period of service from 24 October 1972 through 1 December 1974.  

5.  During the period 2 December 1974 through 1 December 1976, the fact that the applicant was on continuous active duty is documented by dates of her 


enlisted evaluations and the award of her second Good Conduct Medal on 23 October 1978.  There is no indication the applicant was separated on 1 December 1976 or that she reenlisted early.

6.  Therefore, it is reasonable to assume that the 2 December 1976 date of entry is a typographical error and should read 2 December 1974. 

7.  With the correction of the year of entry to 1974, items 12c and 12d should be corrected to reflect the correct periods as 5 years, 5 months, and 11 days and 2 years, 1 month, and 8 days respectively.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___  X___  ___X___  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 correcting the 12 May 1980 DD Form 214 to show at:

	a.  item 12a, a date of entry of 2 December 1974;

	b.  item 12c, net service this period of 5 years, 5 months, and 11 days;

	c.  item 12d, total prior active service of 2 years, 1 month, and 8 days; and 

	d.  item 13, to include the Army Commendation Medal.

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 amending her last DD Form 214 to show she entered active duty on 24 October 1972.




      __________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)                                         AR20080009745



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ABCMR Record of Proceedings (cont)                                         AR20080009745



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