IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011088
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, to change the reason and authority of ETS (AR 615-360) listed on her DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* she has no record or any history of conversation with staff that would imply what the "AR" indicates
* current research on the internet indicates this AR was used loosely in the early 1950s and often used by a commander as a parting shot
* she refused a sergeant promotion offered a number of times by her commander
* her brother was killed in action in 1945, so when the Army opened enlistment in 1948, she enlisted
* she did not find what she wanted in the military, so you can imagine that the added year of service due to North Korea invading South Korea was not desirable
* she performed dutifully and never received a negative review
* she did not review her discharge form at the time of her discharged
* she had pride prior to seeing that someone would assign AR 615-360 to her 3 years of service
3. The applicant provides:
* Her DD Form 214
* A self-authored statement
* A letter to the Army Review Boards Agency, dated 12 July 2011
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 on 14 December 1948 for a period of 2 years.
3. The applicant was honorably discharged on 13 December 1951. She completed 3 years of total active service. The DD Form 214 she was issued at the time shows in item 8 (Reason and Authority for Separation) the entry "ETS (AR 615-30)" that indicates she was discharged at the expiration of her term of service (ETS) under the provisions of Army Regulation (AR) 615-360.
4. Army Regulation 615-360 (Discharge: Release from Active Duty), in effect at the time, set forth the general provisions governing the discharge of enlisted personnel. It states that AR 615-360 applied to individuals discharged at ETS. It is the policy of the Department of the Army to base evaluation of an individual's service and character on their overall enlistment period rather than on any disqualifying entries in their service record during a particular portion of their current service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and her supporting evidence has been carefully considered.
2. The available record shows she was honorably discharged under the provisions of Army Regulation 615-360 at her ETS. AR 615-360 was the only regulatory authority authorized for discharging a Soldier at his/her ETS. As such, the reason and authority for the applicant's discharge is properly shown on her DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicants 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 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) AR20110011088
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110011088
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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