IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019042
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 entered active duty on 27 September 1977 instead of 30 January 1980, as currently reflected on her DD Form 214.
2. The applicant states that her DD Form 214 incorrectly reflects that she entered active duty on 30 January 1980 when in fact she entered active duty on 27 September 1977.
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 in Richmond, Virginia on 28 June 1977 for a period of 3 years and training as a cargo handler. She completed her basic training at Fort Jackson, South Carolina and her advanced individual training (AIT) at Fort Eustis, Virginia.
3. She remained at Fort Eustis, Virginia for her first assignment after AIT. On 1 October 1979, Army Regulation 635-5 was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. On 29 January 1980, she was honorably discharged for the purpose of immediate reenlistment. She had served 2 years, 7 months and 2 days of total active service.
4. On 30 January 1980, she reenlisted at Fort Eustis for a period of 3 years. On 30 January 1982, while serving in the pay grade of E-5 at Fort Eustis, she reenlisted for a period 3 years.
5. She continued to serve until she was honorably discharged on 28 December 1985 due to the expiration of her term of service (ETS). She had served 5 years, 10 months and 29 days of active service during her current enlistment and had 2 years, 7 months, and 2 days of prior active service for a total of 8 years and 6 months.
6. Her DD Form 214 issued at the time of her discharge shows that she entered active duty this period on 30 January 1980 and it reflects her 2 years, 7 months and 2 days of prior active service.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will reflect active service that is performed during the period covered by the DD Form 214 and will reflect prior active service as well. However, effective 1 October 1979, that regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day.
DISCUSSION AND CONCLUSIONS:
1. While the applicant enlisted in the Regular Army on 28 June 1977, at the time she reenlisted the regulation governing the issuance of the DD Form 214 had changed and therefore she was not issued a DD Form 214 for her first period of service.
2. However, at the time of her discharge, her DD Form 214 was prepared to reflect all of her active service from 1977 until her discharge in 1985. Accordingly, there appears to be no basis to change her DD Form 214 as requested.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20100019042
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ABCMR Record of Proceedings (cont) AR20100019042
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