BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100016060 


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, her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include the following:

* credit for her service in the Delayed Entry Program (DEP) 
* award of the Army Achievement Medal (AAM)
* an honorable discharge

2.  She states that nowhere on her DD Form 214 is her time served in the DEP shown.  She adds that her DD Form 4/1 (Enlistment/Reenlistment Document) states "My enlistment in the DEP is in a non pay status.  I understand my period of time in the DEP is NOT credible [sic] for pay purposes upon entry into a pay status.  However, I also do understand that this time is counted towards fulfillment of my military service obligation or commitment."  She states the commanding general upgraded her discharge to honorable.

3.  She provides the following:

* Self-authored statement
* DD Form 214
* DD Form 4/1
* Memorandum, Subject:  Administrative Separation, dated 12 June 1990
* Orders 124-112, dated 20 June 1990
* Permanent Orders 154-13, dated 6 September 1989


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 DD Form 4 shows she enlisted in the U.S. Army Reserve on 29 May 1987 under the provisions of the DEP for subsequent enlistment in the Regular Army (RA).  Her DD Form 4 shows she enlisted in the RA on 2 February 1988 for a period of 4 years.

3.  Permanent Orders 154-13, dated 6 September 1989, show she was awarded the AAM for the period 1 September 1988 to 30 October 1989 for meritorious service.

4.  Her DD Form 214 shows in item 12 (Record of Service) the following:

* Item 12a (Date Entered AD [Active Duty] This Period) - "88  02  02"
* Item 12b (Separation Date This Period) - "90  06  20"
* Item 12c (Net Active Service This Period) - "02  04  19"
* Item 12d (Total Prior Active Service) - "00  00  00"
* Item 12e (Total Prior Inactive Service) - "00  00  00"
* Item 12f (Foreign Service) - "00  08  17"

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not list the AAM.

6.  Item 18 (Remarks) of her DD Form 214 shows the period of DEP as "870529 - 880201."  

7.  Her DD Form 214 shows she was discharged under the provision of Army Regulation 635-200, paragraph 14-12c, misconduct - commission of a serious offense with a character of service listed as under honorable conditions. 

8.  A memorandum, dated 12 June 1990, shows the Commanding General, 3rd Armored Division amended the applicant's approved discharge action and directed that she be issued an honorable discharge.

9.  Orders 124-112, dated 20 June 1990, amended her original orders to show "The Soldier will be issued an Honorable Discharge Certificate."  

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) clarifies the DEP.  The regulation states, in pertinent part, that an individual going on active duty may first enlist into the DEP.  This is an actual enlistment into the inactive Reserve, with an agreement to report for active duty at a specific time in the future. 

11.  Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214.  The regulation states, in pertinent part, to enter in item 12a the date entered active duty this period and in 12e the total prior inactive service.

12.  The same regulation states to enter the total prior inactive service, less lost time, if any, in item 12e.  DEP time which begins on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory mandatory service obligation and will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  Permanent Orders 154-13 verify the applicant is entitled to correction of her records to show the AAM.

2.  Orders 124-112 show her discharge was upgraded to honorable.  Therefore, she is entitled to correction of her DD Form 214 to show her service was characterized as honorable.

3.  Evidence of record shows that she served 8 months and 4 days between the time she enlisted in the DEP on 29 May 1987 and the time she entered active duty on 2 February 1988.  The date she entered active duty is correct.  Additionally, the 8 months and 4 days she was in the DEP was considered inactive service and is also correctly reflected in item 18 on her DD Form 214.  Therefore, there is no error or injustice and no basis to correct her DD Form 214. 




	   1988  02  02  date entered AD this period
	-  1987  05  29  date entered DEP
	=           08   03
	+                    1   day inclusive
	=           08  04

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:

   a.  adding to her DD Form 214 the award of the Army Achievement Medal; and

	b.  deleting the entry in item 24 and adding "Honorable."

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 credit for her DEP. 



      _______ _  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)                                         AR20100016060



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ABCMR Record of Proceedings (cont)                                         AR20100016060



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