IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080015833
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 effect, that:
a. her DD Form 214 (Report of Separation from Active Duty), with the period ending 16 June 1978, be corrected to show she entered the military under the delayed entry program (DEP);
b. she be issued a DD Form 214 that shows her service in the U.S. Army Reserve (USAR); and
c. her DD Form 214 show her promotion to the rank of sergeant (SGT)/E-5.
2. The applicant states, in effect, that her DD Form 214 does not show that she enlisted in the USAR in the DEP on 21 January 1975 until enlisting in the Regular Army (RA) and entering active duty on 17 June 1975. The applicant continues that there is no record of her service in the USAR at any time and that she was promoted to SGT.
3. The applicant provides no addition documents in support of this case.
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. A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 22 January 1975, shows that the applicant enlisted in the USAR DEP on 21 January 1975 for a period of 3 years. On 16 June 1975, the applicant was discharged from the DEP for the purpose of enlisting in the RA. She served 4 month and 26 days in the DEP.
3. A DD Form 4, dated 17 June 1975, shows that the applicant enlisted in the RA on 17 June 1975 for a period of 3 years.
4. On 16 June 1978, the applicant was honorably released from active duty in the rank of SP4 after completing 3 years of creditable active service. Item 15 (Date Entered Active Duty This Period) of the applicant's DD Form 214 shows she entered active duty on 17 June 1975. Item 18d (Prior Inactive Service) shows 4 months and 26 days. Item 18e (Total Service for Pay) shows the entry 3 years, 4 months, and 26 days.
5. A DD Form 4, dated 6 March 1979, shows that the applicant enlisted in the USAR for a 1-year term of service.
6. Headquarters, 3rd Battalion, 362nd regiment, 2nd Brigade (BT), San Jose, CA, Orders 5-1, dated 13 June 1979, show that the applicant was promoted to the rank and grade of SGT/E-5.
7. Headquarters, Sixth United States Army, Presidio of San Francisco, CA, Orders 85-1001, dated 26 April 1980, show that the applicant was honorably discharged from the USAR effective 5 March 1980.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the
Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be changed to show she entered the military under the DEP. Evidence of record shows she enlisted in the DEP on 22 January 1975 and entered active duty on 17 June 1975. Soldiers in the DEP are not on active duty, and DEP was considered as inactive service. Therefore, her prior inactive service of 4 months and 26 days is properly shown in item 18d of her DD Form 214 with the period ending 16 June 1978.
2. The applicant contends that her DD Form 214 should show her USAR service and promotion to SGT in the USAR. The applicant was honorably released from active duty on 16 June 1978 by reason of completion of required active service. Subsequently, she enlisted in the USAR on 6 March 1979, was promoted to SGT on 13 June 1979, and honorably discharged from the USAR after completing her term of enlistment.
3. However, the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The applicant's subsequent service in the USAR and her promotion in the USAR occurred outside the period covered by the DD Form 214.
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.
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) AR20080015833
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ABCMR Record of Proceedings (cont) AR20080015833
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