IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20100030414
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 the effective date shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the separation date shown on her DD Form 214 is incorrect and should show 11 June 2000, not 1 June 2000.
a. She states her actual separation date from active duty was delayed from 1 June to 11 June 2000 because the movers were late in coming to move her household goods from government housing.
b. She was told the correction would be made based on documentation from the moving company.
3. The applicant provides no additional documentary evidence in support of her application.
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 DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows she enlisted in the Regular Army for a period of 3 years on 16 June 1997.
3. Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, GA, Orders 144-43, dated 23 May 2000, reassigned the applicant from Company B, 603rd Area Support Battalion, Hunter Army Air Field, GA, to the Southeastern U.S. Army Transition Point, Hunter Army Air Field, GA, on 1 June 2000 for discharge on 1 June 2000.
4. The applicant's DD Form 214 shows she was discharged in accordance with Army Regulation 635-200, (Personnel Separations Enlisted Personnel), paragraph 14-12b, based on misconduct with her service characterized as under honorable conditions (general). It also shows in:
a. item 12a (Date Entered Active Duty This Period), the entry "1997 06 16" [16 June 1997];
b. item 12b (Separation Date This Period), the entry "2000 06 01" [1 June 2000];
c. item 12c (Net Active Service This Period), she completed 2 years, 11 months, and 16 days of net active service; and
d. item 21 (Signature of Member Being Separated), she placed her signature on the document.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer/Enlisted Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file. The instructions for:
a. item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, and retirement credit are based upon the information contained herein; and
b. item 12b sates to enter the separation date this period.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the effective date shown on her DD Form 214 should be corrected to show she was discharged on 11 June 2000.
2. Records show the applicant enlisted in the Regular Army on 16 June 1997 and that orders discharged her on 1 June 2000.
3. Item 12b of the applicant's DD Form 214 shows she was discharged on 1 June 2000.
4. The applicant provides insufficient evidence to show her discharge was delayed to 11 June 2000.
5. In view of the foregoing, there is no basis for granting 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 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) AR20100030414
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ABCMR Record of Proceedings (cont) AR20100030414
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