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ARMY | BCMR | CY2010 | 20100016768
Original file (20100016768.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016768 


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) dated 31 May 1995 be corrected to show that she entered active duty in Brooklyn, New York on 6 May 1975.

2.  The applicant states that she entered active duty in Brooklyn, New York on 6 May 1975 and served on active duty until she retired on 31 May 1995.  However, her DD Form 214 issued to her on 31 May 1995 reflects that she entered active duty in Montgomery, Alabama (block 7a) and that she entered active duty this period (block 12a) on 22 February 1978. 

3.  The applicant provides a copy of her DD Form 214 dated 31 May 1995 and a copy of her Department of Veterans Affairs (VA) rating decision.

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 enlisted in the Regular Army in Brooklyn, New York on 6 May 1975 for a period of 3 years and training as a movements specialist.  She served until she was honorably discharged on 21 February 1978 at Fort Hamilton, Brooklyn, New York for the purpose of immediate reenlistment and was issued a DD Form 214 on that date to document her service.  

3.  On 22 February 1978, she reenlisted for a period of 3 years and her present duty assignment.

4.  The applicant continued to serve through a series of continuous reenlistments until she was retired on 31 May 1995 and was transferred to the Retired list effective 1 June 1995.  She had served 20 years and 25 days of total active service.  Her DD Form 214 issued at the time of her retirement reflects in block 7a. that she entered active duty in Montgomery, Alabama and that she entered active duty this period (block 12a.) on 22 February 1978.  Her prior active service is reflected in block 12d.

5.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214 and on 1 October 1979 that regulation changed to provide that a DD Form 214 would no longer be issued for immediate reenlistment unless there was a break in service of more than 24 hours.  It also provides, in pertinent part, that a DD Form 214 will not be prepared to reflect service covered by a previously-issued DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that her DD Form 214 incorrectly reflects that she entered active duty in Montgomery, Alabama has been noted and found to have merit.  The evidence of record clearly shows that the applicant entered active duty in Brooklyn, New York.  Accordingly, her records should be corrected at this time to reflect in block 7a of her DD Form 214 that she entered active duty in Brooklyn, New York.

2.  The applicant’s contention that the date she entered active duty this period on her DD Form 214 (block 12a) is incorrect has been noted and found to lack merit. 

3.  The applicant was issued a DD Form 214 on 21 February 1978 to reflect her service from 1975 to 1978 in accordance with the regulation then in effect.  However, the regulation subsequently changed and she was not issued another DD Form 214 until she retired.  Accordingly, her DD Form 214 reflected all of her service from 1978 to 1995 and reflected her prior active service as well.  Accordingly, her DD Form 214 properly reflects her service and there is no basis to change the date in block 12a.  A copy of her first DD Form 214 will be provided to her.

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 showing in block 7a of her DD Form 214 dated 31 May 1995 that she entered active duty in Brooklyn, New York.

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 changing the date in block 12a to reflect that she entered active duty this period on 6 May 1975.  

3.  The Board wants the applicant and all others to know that the sacrifices she made in service to the United States are deeply appreciated.  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)                                         AR20100016768





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ABCMR Record of Proceedings (cont)                                         AR20100016768



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