IN THE CASE OF:	

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110019614 


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 the year of entry on active duty shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  She states the year was typed incorrectly and should read "86."

3.  She 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 official military personnel file (OMPF) is incomplete.  However, her OMPF contains a DD Form 214, which is sufficient for full and fair consideration of her request. 

3.  Her DD Form 214 shows in item:  

* 12a (Date Entered AD [Active Duty] this Period) – 25 November 1988
* 12b (Separation Date this Period) – 24 November 1988
* 12c (Net Active Service this Period) – 2 years
* 18 (Remarks) – she served in the U.S. Army Reserve Delayed Entry Program (DEP) from 25 August through 24 November 1986  

DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 214 shows an obvious error in the year she entered AD.  She served in the DEP through 24 November 1986, and she would have entered AD the day after her release.  Accordingly, it would be appropriate to correct item 12a to show she entered AD in 1986.

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 be corrected by correcting item 12a of her DD Form 214 to show she entered AD in 1986.



      _______ _   _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)                                         AR20110019614





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ABCMR Record of Proceedings (cont)                                         AR20110019614



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