RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 November 2003
	DOCKET NUMBER:   AR2003089556

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her expiration of term of service (ETS) as "30 August 1997."

2.  The applicant states that she had her child while she was on terminal leave which placed her on maternity leave.  She states that the maternity leave ended on 30 August 1997.  

3.  The applicant provides a memorandum from a Medical Corps officer at Headquarters, U.S. Army Medical Department Activity, Fort Sill, Oklahoma dated 21 July 1997 and a copy of her DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 8 August 1997.  The application submitted in this case is dated 13 March 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 enlisted in the Regular Army on 17 August 1994 for a period of four years.  She completed the required training and was awarded military occupational specialty 27M (Multiple Launch Rocket System Repairer).  

4.  On 7 May 1997, she requested separation under the provisions of Army Regulation 635-200, chapter 8 for pregnancy.  The separation authority approved her request for separation on 29 May 1997.

5.  Headquarters, United States Army, Europe, Kitzingen Transition Center Orders 154-002 dated 3 June 1997 released the applicant from active duty on 8 August 1997.  These orders show her ETS as "08 August 1997."

6.  The applicant provided a memorandum dated 21 July 1997.  This memorandum states that she delivered a baby on 17 July 1997 and was placed on convalescent leave for 42 days which would have ended on 30 August 1997.

7.  Headquarters, United States Army, Europe, Kitzingen Transition Center Orders 220-001 dated 8 August 1997 amended the applicant's date of release from active duty and her ETS to show "30 August 1997."

8.  Item 12b (Separation Date This Period) on her DD Form 214 shows the entry "1997 08 08."

9.  The applicant's Leave and Earnings Statement for the period 1 through 30 September 1997 obtained from the Defense Finance and Accounting Service (DFAS) shows her ETS date as "30 August 1997."

10.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that the soldier's separation date will be entered in item 12(b) of the DD Form 214.  This regulation states that this date may not be the contractual date if soldier is separated early, voluntarily extends, or is extended for make up of lost time, or retained on active duty for the convenience of the Government.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant requested separation from active duty under the provisions of Army Regulation 635-200, chapter 8 for pregnancy.

2.  The memorandum provided by the applicant in support of her claim indicates she delivered her baby on 21 July 1997 and was placed on convalescent leave for 42 days.

3.  Amendment orders were issued which changed her separation date and ETS from "8 August 1997" to "30 August 1997."

4.  Finance records from DFAS show her ETS date as "30 August 1997."

5.  The applicant's DD Form 214 currently shows her separation date as 8 August 1997.

BOARD VOTE:

RVO_____  LEM_____  YM______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12b on her DD Form 214 to show the entry "1997 08 30."

		Raymond V. O'Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089556	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031125	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970808	
DISCHARGE AUTHORITY	AR635-200, chapter 8	
DISCHARGE REASON	Pregnancy	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.0100	
2.		
3.		
4.		
5.		
6.