IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014851
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 25 years, 5 months, and 13 days of active service.
2. The applicant states:
* she enlisted on 1 November 1960 and she was separated on 31 October 1962
* she enlisted on 18 October 1968 in the Army Student Nurse Program and on 20 November 1969 she was discharged from this enlisted status
* she accepted an appointment and she was appointed on 12 November 1975; she retired on 31 March 1992
* her narrative reason for separation is shown as "length of service"; she did not receive a narrative
* when she added her active duty time up, it was 25 years, 5 months, and 13 days; she needs a validation of this service
3. The applicant provides:
* DD Form 214 for the period ending 31 March 1992
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 November 1969
* 1968 Army Student Nurse Program memorandum
* 1962 and 1969 Honorable Discharge Certificates
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 Regular Army on 1 November 1960. She was honorably released from active duty on 31 October 1962. Her DD Form 214 shows she completed 2 years of active service.
3. She enlisted in the U.S. Army Reserve under the Army Student Nurse Program Enlistment Option and entered active duty on 18 October 1968.
4. She was honorably discharged on 20 November 1969 to accept a commission. Her DD Form 214 for this period of service shows she completed 1 year, 1 month, and 3 days of active service and 2 years of prior active service for a total of 3 years, 1 month, and 1 day.
5. She was appointed as a Reserve commissioned officer and executed an oath of office on 21 November 1969. She served continuously on active duty and she attained the rank of lieutenant colonel (LTC).
6. On 2 December 1991, she submitted a request for voluntary retirement by reason of having completed over 25 years of active service (length of service). Her request was approved.
7. She retired on 31 March 1992 and she was placed on the Retired List in her retired grade of LTC on 1 April 1992. Her retirement DD Form 214 shows completion of 22 years, 4 months, and 10 days of active service and 3 years, 1 month, and 3 days of prior active service, for a total of 25 years, 5 months, and 13 days. It also shows the narrative reason for her separation as "length of service."
DISCUSSION AND CONCLUSIONS:
1. With respect to her total active service:
a. The applicant previously completed 3 years, 1 month, and 3 days of prior active service in an enlisted status. She then served on active duty in a commissioned officer status from 21 November 1969 to 31 March 1992. Her retirement DD Form 214 correctly credited her with her active service in a commissioned officer status as well her prior active service in an enlisted status for a total of 25 years, 5 months, and 13 days.
b. Prior to October 1979, the Army issued separate DD Forms 214 for each period of enlistment or reenlistment. The Army also issued, and continues to do so today, a separate DD Form 214 if the Soldier served on active duty in different statuses (enlisted, warrant officer, commissioned officer).
c. Her retirement DD Form 214 correctly listed her prior and current active service. Consolidation of two or more DD Forms 214 is not authorized. Therefore, because her DD Form 214 correctly captured her total active service, she is not entitled to the requested relief.
2. With respect to her narrative reason, the applicant applied for voluntary retirement based on having completed the minimum number of years required for an active duty retirement. As such, when her DD Form 214 was processed, it correctly reflected her narrative reason for separation as "length of service." There is no other reason for Soldiers retiring for length of service.
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) AR20140014851
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ABCMR Record of Proceedings (cont) AR20140014851
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