BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100029431 


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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her combined active duty and inactive duty service time.  

2.  She states she served 11 months and 8 days of active duty and then reenlisted in the U.S. Army Reserve (USAR) on 19 December 1985 for six years.  She contends she served four years as an active Reservist and the last two years in an inactive status, but never received any documentation pertaining to her discharge.   

3.  She provided:

* a Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative)
* her DD Form 214
* a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* discharge orders
* a rating decision letter from the VA

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.  Her military records show she initially enlisted in the USAR for six years in her Delayed Entry Program (DEP) on 2 January 1979.  She was released from the DEP status and enlisted in the Regular Army on 5 January 1979, for 4 years.  

3.  Her separation packet is not available for the Board’s review; however, her DD Form 214 shows she was honorably released from active duty (REFRAD) on 12 December 1979, under the provisions of Army Regulation 635-200 (Enlisted Personnel), chapter 8, for pregnancy.  She was credited with 11 months and 
8 days of net active service, and 3 days of prior inactive service.  

4.  Her record contains Headquarters (HQS), First U.S. Army, Orders 195-7, dated 6 October 1980, which show she was reassigned from the 340th General Hospital, New Haven, CT to the 259th Military Intelligence Company, Sharonville, OH on 31 July 1980.

5.  She provided a DD Form 4 which shows she reenlisted in the USAR on 
19 December 1985, for a period of six years.  

6.  Her record also contains a copy of 83rd USAR Command, Orders 43-23, dated 21 April 1989.  This order shows she was relieved from her USAR assignment and transferred to the USAR Control Group (Reinforcement) on 
21 April 1989. 

7.  She also provided USAR Personnel Center, Orders D-12-135821, dated 
18 December 1991.  This order shows she was honorably discharged from the USAR Control Group (Reinforcement) on 18 December 1991.  

8.  Her record contains a copy of the same order which honorably discharged her from the USAR on 18 December 1991; however, the order contained in her personnel file shows the following statement was added:  “Subject being discharged although assigned to this organization, is not present for duty.  Discharge certificate and discharge orders are being mailed to last known address this date, 9 January 1992.”
9.  Her record is void of documentation showing she served on an active duty for training (ADT) status for a period of 90 days or more, subsequent to her REFRAD on 12 December 1979. 

10.  Army Regulation 135-178 (Enlisted Administrative Separations) sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing orderly administrative separation of Army National Guard and USAR personnel.  Chapter 2 of this regulation provides general guidelines on separations and characterization of service.  It states, in part, that Soldiers assigned to the Individual Ready, Standby, or Retired Reserve, will be issued an annotated discharge order.  The order will be annotated on the back, by endorsement, to show that the order was mailed to the Soldier at the most recent address furnished by the Soldier as an address for receipt or forwarding of official mail and the date the order was mailed.  A copy of the annotated order, reflecting the date of mailing to the Soldier, will be placed in the Soldier’s Official Military Personnel File.

11.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  A DD Form 214 will be prepared for Active Army Soldiers on termination of active duty by reason of administrative separation including for Reserve Component Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  

12.  Chapter 1 of the same regulation prescribes a list of authorized separation documents.  It states, in part, that the DD Form 256A (Honorable Discharge Certificate) is an authorized separation document. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows she was REFRAD on 12 December 1979 after completing 11 months and 8 days of net active service.  She was transferred to the USAR where she continued to serve as a drilling Reservist until her transfer to the USAR Control Group (Reinforcement) on 21 April 1989.

2.  There is no evidence and she has not provided sufficient evidence to show she served 90 days or more in an active duty status subsequent to her REFRAD on 12 December 1979.  

3.  Orders D-12-135821, dated 18 December 1991, which are contained in her military personnel record shows the appropriate discharge documents were mailed to the last address she had on file, as required by regulation.  There is no error or injustice on her DD Form 214 as it pertains to her military service.

4.  In view of the foregoing, she is not entitled to the requested relief. 

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)                                         AR20100029431





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ABCMR Record of Proceedings (cont)                                         AR20100029431



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