IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080007403 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and grade as Private First Class (PFC), E-3, and to show his correct dates of service.

2.  The applicant states that he is an E-3.  He believes that the year(s) and month(s) on his DD Form 214 are not right.  It says that he has no service in the Army at all.  He served in the Army from 1985 through 1992.

3.  The applicant provides his DD Form 214 and a DA Form 4651-R (Request for Reserve Component Assignment or Attachment).

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 enlisted in the Army National Guard (ARNG) on 31 July 1984 for 8 years.

3.  Orders 160-174, dated 17 August 1984, issued by the State of New York, Executive Department, Division of Military and Naval Affairs, Albany, NY ordered the applicant to active duty for training (ADT) for 13 weeks (or upon completion of military occupational specialty (MOS) training, but not less than 12 weeks).

4.  Item 12 of his DD Form 214 shows the applicant entered active duty on        13 November 1984.  He completed basic training and advanced individual training and was awarded MOS 11B (Infantryman).  Item 12 of his DD Form     214 shows he was released from ADT on 1 March 1985 after completing             3 months and 19 days of creditable active service with 3 months and 12 days of prior inactive service.

5.  The applicant was advanced to Private, E-2 (PV2), on 6 May 1985.

6.  On 15 August 1985, the applicant was discharged from the ARNG and transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training).

7.  The applicant’s DA Form 2A (USAR Personnel Qualification Record), dated   8 December 1989, shows his rank and grade as PV2, E-2, with a date of rank of  6 May 1985.

8.  Effective 30 July 1992, the applicant was honorably discharged from the Ready Reserve.  His discharge orders show his rank as PV2.

9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part, it states 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 enlisted in the ARNG on 31 March 1984 and was honorably discharged from the USAR; however, he served on ADT only for a period of about 13 weeks – from 13 November 1984 through 1 March 1985.  The DD Form 214 is only meant to be a synopsis of a Soldier’s most recent period of continuous active duty.  Therefore, the applicant’s DD Form 214 properly covers only his 3 month and 19 day period of ADT from 13 November 1984 through        1 March 1985.
2.  There is no evidence of record to show that the applicant was advanced to PFC, E-3, at any time during his service in the ARNG/USAR.  He was advanced to PV2, E-2, on 6 May 1985; however, that was after the period covered by the DD Form 214.  Therefore, it appears that his DD Form 214 properly shows his rank and grade as Private, E-1.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  __xx____  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.



      _________xxxx_________
               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)                                         AR20080007403



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ABCMR Record of Proceedings (cont)                                         AR20080007403



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