BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023187 


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 change of her DD Form 214 (Certificate of Release of Discharge from Active Duty) to show she completed 20 years of active service.

2.  The applicant states:

* she was taking care of her extremely ill mother at the time
* she retired early in order to take care of her ailing mother
* she also completed 9 months in the Delayed Entry Program (DEP)
* she needs her DD Form 214 changed to qualify for certain Department of Veterans Affairs (DVA) benefits

3.  The applicant provides her DD Form 214 and her mother's Certificate of Death.

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.  The applicant enlisted in the U.S. Army Reserve (USAR) under the DEP on 22 August 1978.  She remained in a DEP for 9 months and 13 days until 4 June 1979, at which time she was discharged from the DEP for the purpose of enlisting in the Regular Army (RA).

3.  On 5 June 1979, she enlisted in the RA.  She served through multiple reenlistments, in a variety of stateside or overseas assignments, and she attained the rank/grade of sergeant first class (SFC)/E-7.

4.  On 10 February 1998, she applied for voluntary early retirement under the provisions of Army Regulation 635-200 (Personnel Separation – Enlisted Personnel), chapter 12.  

5.  On 30 June 1998, she retired by reason of voluntary early retirement and she was placed on the Retired List on 1 July 1998 in her retired rank/grade of SFC/
E-7.  The DD Form 214 she was issued at the time shows in:

* item 12a (Date Entered Active Duty This Period) – "1979  06  05"
* item 12b (Separation Date This Period) – "1998  06  30"
* item 12c (Net Active Service This Period) – "19  00  26"
* item 12d (Total Prior Active Service) – "00  00  00"
* item 19e (Total Prior Inactive Service) – "00  09  13"
* item 18 (Remarks) – "Member is retiring as provided by section 4403 of the 1993 National Defense Authorization Act (NDAA), Public Law
102-484"

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Furthermore, it states for:

* item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* 
item 12b, enter the Soldier’s transition date; this date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government
* item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b, less time lost
* item 12d, from previously issued DD Forms 214, enter total amount of prior active military service less time lost, if any; if not applicable, enter
"0000  00  00
* item 12e, from previously-issued DD Forms 214, enter the total amount of prior inactive service, less time lost, if any; DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in this block; however, it is creditable service for completing the statutory military service obligation (MSO)

7.  Army Regulation 601-280 (Army Retention Program) prescribes the criteria for the Army Retention Program.  For those Soldiers serving in the active Army, it outlines procedures for immediate reenlistment or extension of enlistment.  It states all time spent in the DEP is creditable toward the MSO and will be included in the computation of inactive service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the USAR under the DEP on 22 August 1978. She completed 9 months and 13 days of inactive service in the DEP.

2.  She enlisted in the Regular Army on 5 June 1979.  She continued to serve through multiple reenlistments or extensions and she was ultimately retired on 30 June 1998 by reason of voluntary early retirement.  She completed 19 years and 26 days of active service.  Her DD Form 214 shows in:

* item 12a – "1979  06  05," the correct date of her enlistment in the RA and entry on active duty
* item 12b – "1998  06  30," the correct date of her retirement
* item 12c – "19  00  26," the net active service from the date of enlistment to the date of retirement
* item 19e – "00  09  13," the total inactive service she completed in the DEP
* item 18 - "Member is retiring as provided by section 4403 of the 1993 NDAA, Public Law 102-484," the authority for her voluntary early retirement

3.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Her DD Form 214 correctly reflects the total active service she completed and contains no errors.  She did not complete any other period of active service.  Additionally, there is no provision to credit a Soldier with any period of active service which the individual did not perform.

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The granting of veteran's benefits is not within the purview of the ABCMR and any questions regarding eligibility for health care and other benefits should be addressed to the DVA.

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20110023187



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ABCMR Record of Proceedings (cont)                                         AR20110023187



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