IN THE CASE OF: BOARD DATE: 22 July 2008 DOCKET NUMBER: AR20080006131 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 correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show all of her reenlistments and that she never held military occupational specialty (MOS) 94B (Food Service). 2. The applicant states that she was retired due to a physical disability and did not notice until she became unemployed that her DD Form 214 contained errors. 3. The applicant provides copies of her DD Form 214 and retirement certificate. 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. On 25 October 1977, the applicant enlisted in the Regular Army. She completed her initial training and was awarded MOS 71L (Administrative Specialist). She served through a series of assignments both in the United States and overseas. She attained the rank of staff sergeant, pay grade E-6 on 3 April 1986. 3. The applicant reenlisted on 9 October 1981; 31 July 1984; and again on 12 March 1990, which was for a 4 year period ending on 11 March 1994. 4. Item 4 (Assignment Considerations) of her Personnel Qualification Record Part II (DA Form 2-1) shows that Headquarters, Department of the Army, in a memorandum dated 15 January 1992, denied the applicant any further reenlistments. Item 4 also shows that the applicant suffered from a bilateral knee dysfunction that limited her ability to run. 5. On 1 December 1992, the applicant was retired due to a physical disability. She had completed 15 years, 1 month, and 7 days of creditable active duty. 6. Item 11 (Primary Specialty) of the applicant’s DD Form 214 shows that she held MOS 71L for 14 years and 10 months; and MOS 94B for 6 years and 7 months. Item 18 (Remarks) of the applicant’s DD Form 214 shows the following reenlistment periods: 771025-811008; 811009-840730; and 840731-900311. It does not show her last reenlistment period of 900312-940311. This item also states that the applicant was extended at the request and for the convenience of the government. 7. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214 will have the dates of each reenlistment entered in Item 18, Remarks. DISCUSSION AND CONCLUSIONS: 1. The evidence of record clearly shows that the applicant enlisted in the Regular Army and was awarded MOS 71L and that she held this MOS until her retirement on 1 December 1992. However, there is no evidence to show that she was ever trained as a food service specialist or that she was ever awarded the corresponding MOS of 94B. Therefore, this MOS should be deleted from Item 11 of her DD Form 214. 2. The evidence clearly shows that the applicant enlisted in the Regular Army on 25 October 1977 and subsequently reenlisted three more times. Therefore her DD Form 214 should be corrected to show her last reenlistment of 900312 through 11 March 1994. 3. There is no substantiating evidence of record corroborating the entry on the applicant's DD Form 214 showing that she was ever extended for the convenience of the government. Therefore this entry should be deleted from Item 18, Remarks, of her DD Form 214. BOARD VOTE: ___X____ ___X____ ___X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned, and in particularly her DD Form 214, be corrected by: a. deleting from Item 11: 94B3O Food Service Sergeant—6 Years and 7 months; b. adding to Item 18: Reenlistment this period: 900312-940311; and c. deleting from Item 18: “Extension of service was at the request and for the convenience of the government.” __________ _ 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006131 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1