RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 MAY 2004                  
	DOCKET NUMBER:   AR2003098384

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond Wagner		Chairperson	
	Mr. Roger Able		Member	
	Mr. John Denning		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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 that she was released from active duty on 9 September 1989 vice the 18 October 1988 date shown.

2.  The applicant states that she was discharged four months early in order to attend college in September 1989.  She attended college from 1989 to 1992.  In order to be released early she submitted acceptance papers from the college.  She needs to provide evidence to her employer showing her years of military service to use for retirement purposes.

3.  The applicant provides a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 October 1988.  The application submitted in this case is dated    23 September 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's DD Form 4 series (Enlistment/Reenlistment Document) shows that she enlisted in the Army Reserve delayed entry program (DEP) for 8 years on 23 September 1983.  She was discharged from the DEP upon her enlistment in the Regular Army for three years on 23 January 1986.  The applicant completed training and in June 1986 was assigned to the Walter Reed Army Medical Center as a medical specialist.

4.  On 19 May 1988 the applicant requested early separation to attend school with a requested separation from duty of 10 September 1988, with terminal leave from 10 September 1988 to 13 October 1988.  With her request she attached an 11 May 1988 letter of acceptance from Warner Pacific College indicating that she would attend the college fall semester which would begin on 17 September 1988.   
5.  On 13 July 1988 her request was approved, with authority to release the applicant on transition leave on 10 September 1988.

6.  On 20 July 1988 orders were published reassigning the applicant to the transition point for separation processing with a reporting date and date of release from active duty of 18 October 1988. 

7.  A 9 August 1988 report of medical examination, an ETS (expiration of term of service) physical, shows that she was medically qualified for separation.  

8.  The applicant was released from active duty on 18 October 1988.  She served 2 years, 8 months, and 26 days on a 3-year enlistment.  The applicant signed her DD Form 214 attesting to its authenticity.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant is mistaken.  There is no error in her records or any injustice done to her.  She enlisted in the Regular Army for three years, not four years as she so states.  She was released from active duty early in order to attend school; however, the evidence clearly shows that she was granted transition leave beginning in September 1988 in order to attend the 1988 fall semester, and that she was released from active duty on 18 October 1988 as her DD Form 214 so indicates.  

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 October 1988; therefore, the time for the applicant to file a request for correction of any error or injustice expired on         17 October 1991.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RW  __  __RA ___  __JD  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

		__  Wagner Raymond_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003098384	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040518	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.