IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110008516
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 (AD) and U.S. Army Reserve (USAR) service time.
2. She states her DD Form 214 was never updated to reflect her Reserve service. Once she left AD she was transferred to the USAR and served as a drilling Reservist in two different units. She also completed a two-week tour of duty in Cairo, Egypt in 1995.
3. She provides:
* A memorandum
* Her discharge Orders
* 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 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. Her military records show she initially enlisted in the Delayed Entry Program (DEP) of the USAR on 25 September 1980 for 6 years. She was released from DEP status and enlisted in the Regular Army on 28 October 1980 for 3 years. After the completion of training, she was awarded military occupational specialty 54B (Chemical Operations Specialist).
3. Her DD Form 214 shows she was honorably released from active duty (REFRAD) on 15 May 1981 based on Sole Parenthood. She was transferred to the USAR Control Group (Annual Training (AT)) and had completed 6 months and 18 days of net active service and 1 month and 3 days of prior inactive service.
4. The applicants records show she served in the USAR and the U.S. Navy Reserve between 25 September 1980 and 10 October 1997.
5. Her record is void of documentation showing she served on AD for a period of 90 days or more, subsequent to her REFRAD on 15 May 1981.
6. 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 AD by reason of administrative separation including for Reserve Component Soldiers completing 90 days or more of continuous Active Duty for Training, Full-Time National Guard Duty, Active Duty for Special Work, temporary tours of AD, or Active Guard Reserve service.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows she was REFRAD on 15 May 1981 after completing 6 months and 18 days of net active service. She was transferred to the USAR where she continued to serve as a drilling Reservist.
2. There is no evidence and she has not provided sufficient evidence to show she served 90 days or more in an AD status subsequent to her REFRAD on
15 May 1981.
3. Orders show she was discharged from the USAR on 10 October 1997. 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) AR20110008516
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ABCMR Record of Proceedings (cont) AR20110008516
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