IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015456
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 (Certificate of Release or Discharge from Active Duty) be corrected to show she was released from active duty (REFRAD) on 2 September 1989.
2. The applicant states that her official release date was 2 September 1989 vice 2 December 1989. She goes on to state that her first enlistment in the Army was 30 August 1983, not 30 November 1983 and she did not notice the error until she requested a copy of her DD Form 214.
3. The applicant provides a copy of her 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 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 initially enlisted in the U.S. Army Reserve (USAR) on 8 July 1983 for a period of 6 years under the delayed entry program (DEP). She enlisted in the Regular Army on 30 November 1983 for a period of 3 years and training as an administrative specialist.
3. She completed her one-station unit training at Fort Jackson, South Carolina and was transferred to Fort Bliss, Texas where she remained until 1 October 1985 when she was transferred to the Pentagon for duty as an executive secretary.
4. After serving 2 years, 9 months, and 2 days of active service, the applicant reenlisted on 2 September 1986 for a period of 3 years. She continued to serve until she was honorably discharged on 1 September 1989. Her DD Form 214 issued at the time of her discharge shows she entered active duty this period on 2 September 1986 and was separated on 1 September 1989 and that she had
3 years of net active service this period. Item 18 of her DD Form 214 shows her service in the DEP and the period of her initial enlistment.
5. On 2 September 1989, she again enlisted in the USAR and was assigned to a USAR unit at Fort Belvoir, Virginia. On 24 April 1991, she was honorably discharged from the USAR.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to reflect that she was separated on 2 September 1989 has been noted and appears to lack merit.
2. The evidence of record clearly shows the applicant was discharged on
1 September 1989 and that she enlisted in the USAR on 2 September 1989.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant her request to change the date of her discharge from active duty.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ 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) AR20130015456
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ABCMR Record of Proceedings (cont) AR20130015456
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