BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140018867
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 DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 2 March 1997, to reflect an expiration term of service (ETS) date of "21 September 1998" instead of "8 September 1998."
2. The applicant states, in effect, she voluntarily extended her enlistment in 1997 to "21 September 1998" instead of "8 September 1998" as shown on her DA Form 4836. She discovered the error when she began school and realized the form listed the incorrect date.
3. The applicant provides copies of the following:
* DA Form 4836 (2 copies)
* Honorable Discharge Certificate
* Disabled American Veterans Contact Brief
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 the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 9 September 1988, for 8 years. She was discharged from the DEP on 24 October 1988.
3. She enlisted in the Regular Army on 25 October 1988 for 4 years. She was honorably released from active duty on 23 October 1992 and was transferred to the USAR Control Group (Reinforcement). She was credited with completing 3 years, 11 months, and 29 days of active service.
4. She provided copies of a DA Form 4836, dated 2 March 1997, which shows she voluntarily extended her enlistment in the USAR. The form shows in Section 8 (Provisions and Computation of This Extension) she extended her 9 September 1988 USAR enlistment for one year and her new ETS was established as 8 September 1998.
5. She was honorably discharged from the USAR on 21 September 1998.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DA Form 4836 to show her ETS as 21 September 1998 was carefully considered and found not to have merit.
2. She initially enlisted in the USAR on 9 September 1988, for 8 years, and her ETS was established as 8 September 1996. On 2 March 1997, she extended her enlistment in the USAR for one year and her ETS was established as 8 September 1998. She was honorably discharged on 21 September 1998.
3. Notwithstanding her discharge from the USAR on 21 September 1998, her established ETS was 8 September 1998, an extension of one year from the date of her previous ETS. The fact that she was discharged from the USAR on a date after her established ETS date does not reflect an error in her ETS date. There is no evidence of record and she did not provide sufficient evidence to show her ETS was established as 21 September 1998.
4. In this case, there is no error or injustice and this date is properly listed on her DA Form 4836. Therefore, there is insufficient evidence to grant her the 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) AR20140018867
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