BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013172
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 be corrected to show she served 4 years and 3 months of active service.
2. The applicant states in effect, that she served 4 years and 3 months of active service and her DD Form 214 only reflects 4 years, 2 months, and 26 days of active service. She also states that she was on active duty in November 2002 undergoing multiple surgeries after undergoing a cesarean section.
3. The applicant provides no additional documents with 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 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 6 August 1998 for a period of 4 years and training as an automated logistics specialist. She completed basic training at Fort Jackson, South Carolina and advanced individual training at Fort Lee, Virginia before being transferred to Fort Bragg, North Carolina.
3. On 1 November 2002, she was honorably released from active duty (REFRAD) due to completion of required service. She had served 4 years, 2 months, and 26 days of active service.
4. A review of her records shows that she was scheduled for REFRAD on 5 August 2002 and on 19 July 2002 her orders were amended to change her REFRAD date to 1 November 2002.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and based on the available evidence appear to lack merit.
2. The applicant served in an active duty status from 6 August 1998 to
1 November 2002; this equals 4 years, 2 months, and 26 days of active service.
3. Therefore, absent evidence to show the applicant served time that is not reflected on the DD Form 214, there appears to be no basis to grant 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.
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