IN THE CASE OF:
BOARD DATE: 12 November 2008
DOCKET NUMBER: AR20080015891
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 block 12a (Date Entered AD [Active Duty] This Period) of her 17 March 1989 DD Form 214 (Certificate of Release or Discharge from Active Duty) should read 13 March 1987, not 13 May 1987. She also states her grade should be E-4 instead of E-3.
2. The applicant states, in effect, that she was being prepped for entry into the military even though she enlisted on 13 March 1987, but because there were not enough women in the unit she had to wait to be shipped off to boot camp.
3. The applicant provides a copy of her DD Form 214 in support of her application.
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. The applicant's limited record contains an Enlistment/Reenlistment Document - Armed Forces of the United States (DD Form 4), which shows she enlisted in the United States Army Reserve (USAR) on 24 February 1987 under the Delayed Entry/Enlistment Program (DEP). On 12 May 1987, the applicant was discharged from the DEP and enlisted in the Regular Army (RA) on 13 May 1987 for a period of 3 years.
3. On 17 March 1989, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, Chapter 8 by reason of pregnancy, in the pay grade of E-3. She was transferred to the USAR Control Group (Reinforcement) to complete her remaining military service obligation. She completed 1 year, 10 months, and 5 days of active service during the period covered by the DD Form 214. The entry in block 12a of the DD Form 214 the applicant was issued upon her release from active duty shows 13 May 1987, as indicated on her enlistment contract.
4. Army Regulation 635-5 (Separation Documents) 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. It states that for block 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter the active duty grade or rank and pay grade at the time of separation from personnel qualification record.
5. Army Regulation 635-5 also states that for block 12a enter 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the date of entry in Item 12a of her 17 March 1989 DD Form 214 has been carefully considered and found to be without merit. The available evidence of record, which includes the applicant's DD Form 4, confirms she enlisted in the Regular Army on 13 May 1987. There is no evidence in her available record and the applicant did not provide any evidence to show that she entered AD at any time prior to 13 May 1987. Therefore, she is not entitled to the requested relief.
2. The applicant also requests correction of her DD Form 214 to reflect her pay grade as E-4 instead of pay grade E-3. However, there is no evidence in her available record nor did the applicant provide any evidence that shows she was ever advanced to the grade of E-4 or held the grade of E-4 at the time of her release from active duty. Absent any orders confirming she was officially
advanced to pay grade E-4 by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief at this late date.
3. Therefore, 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 this requirement.
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) AR20080015891
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ABCMR Record of Proceedings (cont) AR20080015891
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