IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100018914
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her character of service in block 24 (Character of Service).
2. The applicant states her DD Form 214 for the period 19780814-19820813 was not properly completed; it did not show an entry in block 23 (Type of Separation) or in block 24. She adds in December 1982 the Army corrected block 23 by issuing a DD Form 215 (Correction to DD Form 214), but failed to correct block 24.
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 U.S. Army Reserve Delayed Entry Program (DEP) for 6 years on 26 April 1974. On 3 September 1974, she was discharged from the DEP and enlisted in the Regular Army for 3 years on 4 September 1974.
3. The applicant served continuously through multiple enlistments until she was honorably discharged on 13 August 1982. Her periods of enlistment were:
* 19740904-19770811 02 YRS 11 MOS 08 DAYS HONORABLE
* 19770812-19780813 01 YRS 00 MOS 02 DAYS HONORABLE
* 19780814-19820813 04 YRS 00 MOS 00 DAYS HONORABLE
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. It provides:
* Block 23 - Enter one of the following terms
* Relief from active duty
* Discharge
* Retirement
* Separation and order to additional active duty
* Relief from ADT
* Release from custody and control of the Army
* Relief from ADT and discharge from the Reserve of the Army
* Block 24 Authorized entries are:
* Honorable
* Under Honorable Conditions (General)
* Under Other Than Honorable Conditions
* Bad Conduct
* Dishonorable
* To be determined
* Not applicable (for release from custody and control of the Army due to void or voided enlistments)
DISCUSSION AND CONCLUSIONS:
1. The applicant requests her character of service be entered on her DD Form 214.
2. The applicant served honorably through three enlistments totaling 7 years, 11 months, and 10 days. Her final DD Form 214 failed to indicate the type of separation she received and the character of the service she performed. In December 1982, a partial correction was made to show her separation as "discharge" in block 23. Unfortunately, block 24 was not corrected.
3. The applicant's DD Form 214 should be corrected as indicated below.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her character of service as "HONORABLE" in block 24 of her DD Form 214 with effective date of 13 August 1982.
_____________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) AR20100018914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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