IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013255
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that she served as a medical specialist 6 years and 6 months instead of 6 years and 2 months as currently reflected.
2. The applicant states that she served as a medical specialist 6 years and 6 months instead of the 6 years and 2 months reflected on her DD Form 214.
3. The applicant provides a copy of her DD Form 214.
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 enlisted in the Regular Army on 13 May 1980 for a period of 4 years. She completed her basic training at Fort McClellan, Alabama and was transferred to Fort Sam Houston, Texas to undergo her advanced individual training (AIT) as a medical specialist. She was transferred to Fort Sill Oklahoma in September 1980 to undergo additional training as a patient care specialist.
3. She was advanced to the pay grade of E-4 on 1 March 1982 and served until 13 November 1986, when she was honorably discharged under the provisions of Army Regulation 635-200, chapter 8, due to pregnancy. She had served
6 years, 6 months, and 1 day of total active service and her DD Form 214 shows she held military occupational specialty (MOS) 91A (Medical Specialist) 6 years and 2 months, which is the amount of time she served after being awarded the MOS (graduation from AIT).
4. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that for the computation of time served in an MOS, time spent in basic training and advanced individual training (AIT) will not be included.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to reflect that she served in her primary MOS 6 years and 6 months (her entire period of service) has been noted and found to lack merit.
2. The applicant was not awarded her MOS until after she had been in the military approximately 4 months, which was after she had completed basic training and AIT. Accordingly, the entry showing that she served as a medical specialist 6 years and 2 months coincides with her graduation from AIT and there appears to be no basis to change her DD Form 214 to show otherwise.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of her service in arms.
__________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) AR20100013255
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ABCMR Record of Proceedings (cont) AR20100013255
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