BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160004953 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160004953 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the current entry in item 2 of her DD Form 214 and replacing it with the entry "ARMY/RA" and b. deleting the current entry in item 25 of her DD Form 214 and replacing it with the entry "AR 635-200, PARA 5-11." _____________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. BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160004953 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 item 2 (Department, Component, and Branch) and item 25 (Separation Authority) of her DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: a. Item 2 of her DD Form 214 shows her component as Army National Guard (ARNG); however, she served in the Regular Army (RA). If she served in the ARNG, she would have been assigned to a unit in a State, but she was not. She is now serving in the U.S. Army Reserve (USAR) and trying to get her retirement points corrected. Since her DD Form 214 shows she was serving in the ARNG, this time is listed as a break in service. She served in the RA, not the ARNG. b. Item 25 of her DD Form 214 shows the separation authority as Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, but she was separated under Army Regulation 635-200, paragraph 5-11, for failing to meet procurement medical fitness standards. Chapter 11 is a general discharge. She was discharged for having a bunion on her right foot, which she later had removed and was able to reenter military service. Her original DD Form 214 reflected the correct separation authority. 3. The applicant provides a copy of 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 DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 17 April 1990, shows she enlisted in the Regular Army for a period of 4 years. 3. On 13 September 1990, discharge proceedings were initiated against her for failing to meet procurement medical fitness standards under the provisions of Army Regulation 635-200, paragraph 5-11. On 3 October 1990, the separation authority approved the recommendation for separation and directed characterization of her service as honorable. 4. On 19 October 1990, she was discharged for failing to meet procurement medical fitness standards under the provisions of Army Regulation 635-200, paragraph 5-11. 5. Her voided DD Form 214 shows in: * item 2 – Army/ARNG * item 24 (Character of Service) – Uncharacterized * item 25 – Army Regulation 635-200, paragraph 5-11 6. On 16 March 1993, the Army Discharge Review Board upgraded her character of service to honorable. 7. Her reissued DD Form 214 shows in: * item 2 – Army/ARNG * item 24 - Honorable * item 25 – Army Regulation, chapter 11 REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated 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. a. For enlisted members, the following terms were authorized for item 2 of the DD Form 214: * ARMY/RA * ARMY/ARNG * ARMY/USAR b. The instructions for item 25 stated to enter the regulatory or statutory authority cited in directives authorizing separation. DISCUSSION: 1. The evidence of record supports the applicant's contention that she served in the RA, not the ARNG. Her DD Form 4 shows she enlisted in the RA on 17 April 1990. Item 2 of her DD Form 214 does not show her component as ARMY/RA. 2. She contends she was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, and her original DD Form 214 reflected this separation authority. The evidence of record shows she was discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failing medical/physical procurement standards and her original DD Form 214 shows the separation authority as Army Regulation 635-200, paragraph 5-11. It appears an administrative error occurred when her DD Form 214 was reissued in March 1993 because item 25 of the reissued DD Form 214 shows the separation authority as Army Regulation 635-200, chapter 11. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004953 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004953 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2