RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           JANUARY 13, 2004
	DOCKET NUMBER:   AR2003089907

	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. Deyon D. Battle		Analyst	

  The following members, a quorum, were present:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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 Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show that she completed the Primary Leadership Development Course (PLDC) and that she received the Noncommissioned Officers (NCO) Professional Development Ribbon.

2.  The applicant states that she would never have been promoted to the pay grade of E-5 unless she had successfully completed PLDC.

3.  The applicant provides a copy of orders dated 22 August 1997, promoting her to the pay grade of E-5.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 7 December 1998.  The application submitted in this case is dated 7 April 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.  On 14 August 1992, she enlisted in the Army for 3 years in the pay grade of E-1.  She successfully completed her training as a medical specialist.  She was promoted to the pay grade of E-2 on 1 February 1993, to the pay grade of E-3 on 1 September 1993, and to the pay grade of E-4 on13 October 1994.  On 1 May 1995, she reenlisted in the Army for 4 years and she was promoted to the pay grade of E-5 on 1 September 1997.

4.  On 16 April 1998, the Chief, Personnel Records Branch of Headquarters, United States Army Air Defense Artillery Center and Fort Bliss notified the Commander, Military Entrance Processing Section, Albuquerque, that an audit of the applicant’s Military Personnel Records Jacket revealed discrepancies.  The Chief, Personnel Records Branch requested that the applicant report to the personnel records branch by 18 May 1998, with orders for award of the Army Commendation Medal, orders for award of the Army Achievement Medal, orders awarding her a 91B2L primary military occupational specialty, a certificate of completion of PLDC and a copy of her current enlistment contract.

5.  A review of the applicant’s Personnel Qualification Record (DA Form 2A) reveals that she completed PLDC.  However, the record is void of her dates of attendance.

6.  On 7 December 1998, the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 5, as a result of parenthood.  She had completed 6 years, 3 months and 24 days of total active service.

7.  The DD Form 214 that she was furnished at the time of her discharge fails to show that she completed PLDC or that she was awarded the NCO Professional Development Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  However, she has failed to submit proper documentation with her application to show the dates that she attended the PLDC, which would also entitle her to the NCO Professional Development Ribbon.

2.  The available evidence shows that she was notified of the discrepancies in her records and she was asked to provide the necessary documentation to update her records prior to her release from active duty.

3.  There are no provisions by which entries can be made to a DD Form 214 without proper supporting documentation and in the absence of supporting evidence, her DD Form 214 cannot be amended.

4.  Records show the applicant should have discovered the error or injustice now under consideration on 7 December 1998; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 December 2001. 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 file in this case.

BOARD VOTE:

phm ____  ________  rwa_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  lem_____  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not 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.  

		____Lana E. McGlynn____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089907	
SUFFIX		
RECON		
DATE BOARDED	20040113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000.0000/ADMINISTRATIVE MATTER	
2.  8	100.0700.0000/TRAINING	
3.  46	107.0000.0000/AWARDS	
4.  123	107.0077.0000/NCO PRO DEVEL RIBBON	
5.		
6.