BOARD DATE: 26 August 2010 DOCKET NUMBER: AR20100008686 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her Reserve service. 2. The applicant states her Reserve service is not included on her DD Form 214 which is preventing her from getting benefits such as receiving a Department of Veterans Affairs (VA) Certificate of Eligibility for purchasing a house. 3. The applicant provides her DD Form 214. 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. The applicant's military records show she enlisted in the Delayed Entry Program (DEP) on 15 April 1981 and enlisted the Regular Army on 15 September 1981. She completed initial entry training, was awarded the military occupational specialty of wire system installer/operator, and was promoted to pay grade E-3. 3. Her DD Form 214 shows she was honorably released from active duty on 6 September 1983 by reason of pregnancy and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation. This form shows she completed 1 year, 11 months, and 22 days of active military service. 4. Her DD Form 214 shows: * item 12a (Date Entered AD This period) "81 09 15" * item 12b (Separation Date This Period) "83 09 06" * item 12c (Net Active Service This Period) "01 11 22" * item 12e (Total Prior Inactive Service) "00 05 00" 5. Her records show she was in the DEP for 5 months and 0 days which is shown in item 12e. 6. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's records show she was in the DEP for 5 months which is shown in item 12e of her DD Form 214. It further shows she completed a continuous period of active duty service of 1 year, 11 months, and 22 days as of the date she was released from the Regular Army. The governing Army regulation requires that a DD Form 214 will show only the Soldier's most recent period of continuous active duty service and any prior active and inactive service. 2. There is no regulatory provision for adding any post-active duty Reserve service to a DD Form 214. Evidence indicates her DD Form 214 is properly constituted in regard to her service covered by that DD Form 214. As such, she is not entitled to correction of her DD Form 214 to show her Reserve service. 3. It is understandable that she would like to have benefits such as a VA Certificate of Eligibility for the purpose of purchasing a house. However, the ABCMR does not grant requests for correction of properly-constituted records solely for the purpose of making the applicant eligible for veterans or other benefits. 4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20100008686 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR2010000