IN THE CASE OF:	  

		BOARD DATE:	      4 JUNE 2009

		DOCKET NUMBER:  AR20090001635 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show item 12i (Reserve Obligation Termination Date) as 23 June 1988 vice 23 March 1988.  She also requests correction of her total active service to show that she completed 6 years, 
1 month, and 9 days vice 5 years, 10 months, and 9 days.

2.  The applicant states that her DD Form 214 shows an incorrect obligation termination date because her actual date of separation was 23 June 1988.  She adds that when she applied for employment at the U.S. Post Office (USPS), she was determined not to be a veteran.  She also adds that she is seeking medical services due to injuries she sustained while on active duty.

3.  The applicant did not provide any additional documentary evidence 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 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 she enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 24 March 1982.  She acknowledged that she understood that her enlistment in the USAR obligated her to a total of 6 years in the Armed Forces of the United States including service in the Ready Reserve and that fulfillment of this obligation began on the date she enlisted in the USAR.

3.  The applicant's records further show she was ordered to initial active duty for training (IADT) on 14 May 1982.  She completed basic training and advanced individual training, and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  She was honorably released from IADT to the control of her USAR unit on 24 September 1982 for completion of her military service obligation.

4.  The DD Form 214 she was issued shows she completed 4 months and 11 days of creditable active military service.  Item 12i of this form shows the entry "88  03  23," which was 6 years from her enlistment date.

5.  On 6 February 1988, while a member of the 344th Maintenance Company, Bogalusa, LA, the applicant executed a 3-month extension in the USAR.

6.  On 13 October 1988, Headquarters, 5th U.S. Army and Fort Sam Houston, Fort Sam Houston, TX, published Orders 198-125, honorably discharging the applicant from the USAR.

7.  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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 6 shows the Soldier's Reserve obligation termination date.  This is the completion date of the statutory military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  Department of Defense policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or the USAR to include the DEP.  DEP time is credited in computing this date.

8.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the Army National Guard and the USAR.  Chapter 4 of this regulation describes the expiration of service obligation.  Paragraph 4-3 states that a Soldier may not be held in the Army beyond the normal expiration of service obligation unless the service obligation is extended by law or the provisions of paragraph 2-15 of this regulation apply.  When through administrative error a Soldier is not discharged on the actual date of completion of term of enlistment, reenlistment, or date of completion of statutorily obligated service, or as provided in paragraph 2-15, a remark will be included in the "Remarks" section of the Soldier’s DA Form 2-1 (Enlisted Qualification Record) as follows:  "Retained beyond normal discharge date for the convenience of the Government."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR on 24 March 1982.  Since she enlisted prior to 1 June 1984, she incurred a 6-year MSO.  She subsequently entered active duty for IADT on 14 May 1982 and was honorably released from IADT on 24 September 1982.  The DD Form 214 she was issued at the time of release from active duty correctly reflects her Reserve obligation termination date as 23 March 1988 and that she completed 4 months and 11 days of creditable active military service.  

2.  The fact that she executed a 3-month extension in the USAR after her release from active duty has no bearing on the date shown on her DD Form 214 as it occurred outside the period covered by the DD Form 214.  Therefore, the termination date of her military service (6 years from the date she enlisted in the USAR) is correctly shown on her DD Form 214.

3.  The DD Form 214 is a synopsis of the Soldier’s 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.  Additionally, the 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 did not submit evidence that would satisfy that 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.




      _______ _   _XX______   ___
               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)                                         AR20090001635



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ABCMR Record of Proceedings (cont)                                         AR20090001635



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