BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100018085 


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) to show her service was extended at the request of and for the convenience of the government from 1 September 2003 to 
1 November 2004 (428 days).

2.  The applicant states the retirement section did not create amendments for her new retirement date.

3.  The applicant provides two sets of retirement orders and a 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 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 record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows she reenlisted in the Regular Army on 27 April 2001 for an indefinite period of service.  The reenlistment contract stipulated that she would be allowed to serve up to the retention control point (RCP) for her current rank (31 October 2005).

3.  Orders 344-0308, issued by XVIII Airborne Corps, Fort Bragg, NC, dated
10 December 2002, directed her release from active duty effective 31 August  2003 and placement on the retired list effective 1 September 2003.

4.  Her records contain a DA Form 2339 (Application for Voluntary Retirement), dated 21 April 2004, wherein the applicant requested retirement with a desired date of retirement of 31 October 2004.  Her request was subsequently approved by the Fort Bragg Installation Adjutant General.

5.  Orders 112-0308, issued by XVIII Airborne Corps, Fort Bragg, dated 21 April 2004, directed her release from active duty and placement on the retired list effective 1 November 2004.

6.  There are no orders or amendment to orders in her Official Military Personnel File (OMPF) that indicates her original retirement date was revoked or suspended as a result of the Stop-Loss Program.

7.  On 31 October 2004, she was retired and was placed on the retired list the following day.  Block 18 (Remarks) of her DD Form 214 shows, among other entries, the entry "EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT."

8.  Military Personnel (MILPER) Message Number 06-232, subject:  Active Army Stop Loss/Stop Movement Program for Units Scheduled to Deploy Outside the Continental United States in Support of Operation Iraqi Freedom and Operation Enduring Freedom, provides guidance on adjusting ETS (expiration term of service) and separation dates.  It states the Human Resources Command Enlisted Personnel Management Directorate will adjust Soldiers' ETS dates to the unit's stop-loss/stop-movement end date if ETS is in the stop loss window
(D-90 to R+90) and post-delay in separation reason code "S."  These changes will be automatically posted to the Defense Joint Military Pay System, Defense Enrollment Eligibility Reporting System, and the Electronic Military Personnel Office.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army:
	a.  It establishes standardized policy for the preparation of the DD Form 214.

	b.  It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

	c.  It states that block 18 will be used for Headquarters Department of the Army mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 1, 13, 14, and provides that for a Soldier who has his or her period of service extended (as evidenced by the extension reading "for the best interest of the service"), enter "EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT."  For a Soldier retained past ETS, enter "RETAINED IN SERVICE (specify number of days) FOR CONVENIENCE OF THE GOVERNMENT PER (authority for retention)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to show her service was extended at the request and for the convenience of the government from 1 September 2003 to 1 November 2004 was carefully considered.

2.  Records show the applicant submitted a request for voluntary retirement on 21 April 2004 with a desired retirement date of 31 October 2004, which was subsequently approved.  While her OMPF is void of orders or amendment orders that indicate her original retirement date was revoked or suspended as a result of the Stop Loss Program, her DD Form 214 indicates that her service was extended at the request and for the convenience of the government.

3.  She was serving on an indefinite term of service at the time of the extension of her service at the convenience of the government; therefore, she did not have an ETS.  The governing regulation states that for a Soldier who had his or her period of service extended (not retained past ETS) the entry "EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT" would be used.  The regulation requires that the number of days would be entered only for Soldiers retained past ETS.  Because she did not have an ETS, the entry on her DD Form 214 is correct as currently shown.

4.  Based on the foregoing, there is no basis to grant the applicant's request.

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.

ABCMR Record of Proceedings (cont)                                         AR20100018085



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ABCMR Record of Proceedings (cont)                                         AR20100018085



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