BOARD DATE:	  26 August 2009

		DOCKET NUMBER:  AR20090003910 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 February 1984 to show the following:  item 12a "750224," item 12c "090006," item 12d "000000," item 12f 2 years in Panama and one plus years in Germany; and item 12h 
"80 07 01." 

2.  The applicant states she needs these corrections to her DD Form 214 for the period ending 29 February 1984 in order to pay the military deposit for a civil service retirement.
3.  The applicant provides a copy of her DD Form 214 for the period ending 29 February 1984, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), National Archives (NA) Form 13038 (Certificate of Military Service), DA Form 2-1 (Personnel Qualification Record), three DD Forms 4 (Enlistment/Reenlistment Contracts), two military pay vouchers, one Leave and Earnings Statement, and a letter from the Board directing a change to her date of rank.

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 military records show she enlisted in the Regular Army on 24 February 1975.  She was awarded the military occupational specialty of food service specialist, and promoted to pay grade E-6.

3.  The applicant's records show she reenlisted in the Regular Army on 31 January 1978, 14 January 1980, and 4 June 1982.  The DD Form 214 she was issued on 29 February 1984 shows she was honorably released from active duty by reason of pregnancy and transferred to the U.S. Army Reserve Control Group (Reinforcement).  This DD Form 214 shows:  item 12a (date entered active duty this period) “82 06 04”;  12c (net active service this period) 
“01 08 26”; item 12d (total prior active service) “07 03 10”; item 12f (foreign service) "01 07 21"; and item 12h (effective date of pay grade) “80 06 25.”

4.  On 18 October 1984, a DD Form 215 was issued correcting the applicant’s DD Form 214 for the period ending 29 February 1984 to show in item 12a 
“78 01 31”; item 12c, “06 00 29”; item 12d, “02 11 07”; item 18, “immediate reenlistment this period”:  “78 01 31-80 01 13”  “80 01 14-82 06 03”; item 23 
(type of separation) “discharge”; and item 26 (separation code) “KDF.” 

5.  The applicant's records contain no DD Form 214 for the period 24 February 1975 to 30 January 1978.  Her records contain a Certification of Military Service, dated 28 February 2005 which shows she served in the Regular Army during the period 24 February 1975 to 3 June 1982.

6.  The applicant's records show she served in Panama during the period 26 August 1976 to 30 June 1978 and in Germany during the period 9 July 1982 to 29 February 1984.
7.  The applicant provided a letter from the Board directing correction of her military records to show she was promoted to the rank of staff sergeant (E-6) effective 1 July 1980.

8.  Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. 

9.  Army Regulation 635-5 provides that, effective 1 October 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment.

10.  Army Regulation 635-5 states in pertinent part that a DD Form 214 would not be reissued to replace record copies or DD Forms 214 lost by service members. 

11.  Army Regulation 635-5 states in pertinent part that the total amount of foreign service completed during the period covered will be entered in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The Board starts its consideration with a presumption of regularity, that what the Army did was correct.  The burden of proving otherwise is the responsibility of the applicant.  Therefore, it is presumed that a DD Form 214 was issued for the applicant's period of active duty service from 24 February 1975 through 
30 January 1978.  The regulation prohibits the reissue of a lost DD Form 214.  

2.  Since it is presumed the applicant was issued a DD Form 214 for the period of service from 24 February 1975 through 30 January 1978 there are no provisions for correcting her DD Form 214 for the period ending 29 February 1984 to show this service.  As such, she is not entitled to correction of items 12a, 12c, 12d, and 12f of her DD Form 214.

3.  A Certification of Military Service was issued to the applicant on 28 February 2005 to document her RA service from 24 February 1975 to 3 June 1982.  On 
18 October 1984, the applicant was issued a DD Form 215 correcting her DD Form 214 that was issued on 29 February 1984.  A copy of this DD Form 215 will be provided to the applicant with this record of proceedings.

4.  However, the previously issued DD Form 215 did not appropriately correct item 12f of the DD Form 214 issued on 29 February 1984.  During the period that the applicant served the total amount of foreign service completed during the period covered by the DD Form 214 was authorized to be entered in Item 12f of the DD Form 214.  Therefore, item 12f should be corrected to show the applicant’s service in Panama during the period 31 January 1978 to 30 June 1978.  This service equals 2 years and 21 days and it should be shown in item 12f as "02 00 21."  There were no provisions for entering service in specific countries on the DD Form 214.


5.  The Board also previously corrected the applicant's records to be corrected to show her effective date of promotion to the rank of Staff Sergeant (E-6) as 1 July 1980.  Therefore, she is entitled to correction of her DD Form 214 for the period ending 29 February 1984 to show in item 12h "80 07 01." 

6.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 amending item 12f of her DD Form 214, dated 29 February 1984, to show
"02 00 21" and item 12h to show "80 07 01."

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 correction of her DD Form 214, dated 29 February 1984, to show the following corrections:  item 12a 
"75 02 24," item 12c "09 00 06," item 12d, "00 00 00," and item 12f to show 
2 years in Panama and one plus years in Germany. 



      _______ _   __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)                                         AR20090003910



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003910



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1