BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120002716
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct year for her separation date.
2. The applicant states her DD Form 214 shows she was released from active duty (REFRAD) on 4 November 1984; however, she was actually REFRAD on
4 November 1985.
3. The applicant provides a copy of her DD Form 214 in support of her request.
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. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 3 November 1982 for a period of 3 years. Her expiration term of service (ETS) date was
2 November 1985.
3. The applicant received nonjudicial punishment for being absent without leave on 2 and 3 January 1985.
4. Headquarters, I Corps, Fort Lewis, WA, Orders 147-40, dated 23 July 1985, as amended by a 1st Indorsement, dated 4 November 1985, shows the applicant's scheduled REFRAD (2 November 1985) was changed to 4 November 1985.
5. The applicant's DD Form 214 shows she entered active duty on 3 November 1982. It also shows in:
a. item 12b (Separation Date This Period) - the entry "84 11 04" (4 November 1984);
b. item 12c (Net Active Service This Period) - that she had completed 3 years of active service; and
c. item 18 (Remarks) - time lost from 2 January through 3 January 1985.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.
a. 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, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.
b. Paragraph 2-4 (Completing the DD Form 214) contains item-by-item instructions for completing the DD Form 214. The instructions for completing item 12b state to enter the Soldier's transition date.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant entered active duty on 3 November 1982 for a period of 3 years and she had an ETS date of 2 November 1985.
2. Records also show the applicant had 2 days of time lost. As a result, orders were issued retaining her on active duty until 4 November 1985, which was
2 days beyond her normal ETS date.
3. The applicant's DD Form 214 shows she was REFRAD on 4 November 1984, which is in error. Therefore, it would be appropriate to correct the year of the separation date on her DD Form 214.
BOARD VOTE:
____x____ ___x_____ _x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 12b; and
b. adding the entry "85 11 04."
_______ _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) AR20120002716
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