IN THE CASE OF:
BOARD DATE: 17 February 2010
DOCKET NUMBER: AR20090013791
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 her DD Form 214 (Report of Separation from Active Duty) be changed to show she completed 3 years and 24 days of active service vice 2 years, 5 months, and 15 days.
2. The applicant states that she received credit for three full years of service due to her hardship discharge as annotated on her discharge orders.
3. The applicant provides a copy of her DD Form 214 and Orders 88-18 from Headquarters, Fort Huachuca, dated 6 May 1977.
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 applicants records show she enlisted in the Delayed Entry Program (DEP) on 26 November 1974. She was discharged from the DEP and enlisted in the Regular Army (RA) on 20 December 1974.
3. On 26 April 1977, the applicant was approved for a hardship discharge.
4. Orders 88-18, dated 5 May 1977, discharged the applicant from the RA effective 11 May 1977. The orders show the applicant was credited with
3 years, 0 months, and 24 days of total federal service.
5. The applicants DD Form 214 for the period 20 December 1974 to 11 May 1977, item 18a (net active service this period) and item 18c (total active service), shows she completed 2 years, 4 months, and 22 days of active service.
Item 18d (prior inactive service) shows she had 23 days of prior inactive service. Item 18e (total service for pay) shows 2 years, 5 months, and 15 days.
6. Army Regulation 635-5 (Personnel Separations) in effect at the time, established standardized procedures for preparation and distribution of the
DD Form 214. This regulation states, in pertinent part, to enter in item 18a and 18c the total time between dates shown in item 15 (date entered active duty this period) and 9d (effective date [of separation]). The total service for pay in item 18e will be obtained by adding items 18c and 18d together.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was placed in the DEP on
26 November 1974 and she entered active duty on 20 December 1974. On
11 May 1977 she was discharged. The calculations as annotated on the applicant's DD Form 214 showing her total service as 2 years, 5 months, and
15 days are consistent with the information contained in her military records. Therefore, her DD Form 214 is correct as constituted.
2. The fact that the applicant's discharge orders show that she was credited with 3 years and 24 days of federal service is not sufficient as a basis to change her DD Form 214.
3. 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 has failed to submit evidence that would satisfy that 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.
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