IN THE CASE OF:
BOARD DATE: 4 June 2009
DOCKET NUMBER: AR20090002710
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 Item 18a (Net Active Service This Period) and Item 18c (Total Active Service) of her DD Form 214 (Report of Separation from Active Duty).
2. The applicant states, in effect, that she needs her DD Form 214 corrected to show she completed 180 "hours" of active duty service to qualify for Department of Veterans Affairs (VA) programs. She states that she served on active duty from 9 April to 1 August 1979 which is more than 180 hours. She further states that she can provide her leave and earnings statements for February 1979 through March 1984, if required.
3. In support of her application, the applicant provides copies of her active duty for training (ADT) orders, DD Form 214, NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), and her United States Army Reserve (USAR) Control Group (Annual Training) discharge orders.
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 military records show that she enlisted in the Pennsylvania Army National Guard (PAARNG), in pay grade E-1, on 14 February 1979, for 6 years. On 9 March 1979, she was issued orders ordering her to ADT for completion of military occupational specialty training (MOS). She entered on active duty on 8 April 1979. Her orders stated that she was to begin basic training on 13 April 1979 and advanced individual training (AIT) on 1 June 1979. She completed her training and she was awarded MOS 76P, Stock Control Supplyman, on 29 June 1979.
3. The applicant was honorably released from active duty on 1 August 1979 and reverted back to the PAARNG. She was issued a DD Form 214 that shows in Item 18a she was credited with completing 3 months and 24 days of net active service. Item 18c also shows she was credited with completing 3 months and
24 day of total active service, a period of 2,760 hours (not including the end date 1 August 1979).
4. The applicant submits a copy of her NGB Form 22 that shows she was discharged from the PAARNG on 20 May 1984. Her NGB Form 22 also shows she was on ADT from 8 April 1979 to 1 August 1979. She also submits her USAR orders showing she was discharged on 13 March 1985.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from the active Army. A DD Form 214 would also be prepared for all personnel of the USAR and the ARNG released after completion of 90 days or more of active duty for training or full-time training duty. The total amount of active service time from the date of entry to the date of release would be entered in Items 18a and 18c of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to correction of Items 18a and 18c of her DD Form 214.
2. The evidence of record shows the applicant entered on ADT on 8 April 1979. She completed her training, was awarded a MOS, and was released from active duty on 1 August 1979. She was issued a DD Form 214 that properly shows a credit of 3 months and 24 days net active service, a period of 2,760 hours (not including the end date of 1 August 1979).
3. There is no evidence, and the applicant has provided none, which would indicate that her DD Form 214 is in error or unjust. Therefore, she is not entitled to a correction of her DD Form 214.
4. The applicant might be confusing "hours" of active duty with "days" of active duty. The VA requires the completion of 180 days of active duty to determine eligibility for many of its benefits. However, even if this is the case, there is no error on the applicant's DD Form 214. The available evidence shows she completed only 3 months and 24 days of active duty (i.e., 116 days).
5. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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