RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070016859
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 May 1984 be corrected to show his service in the U.S. Army Reserve (USAR) during the period 21 March 1984 to 27 February 1996 and the schools that he attended during that time.
2. The applicant states that these items were not added to his original DD Form 214.
3. The applicant provides no additional evidence in support of his application.
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 applicants 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 applicants 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 USAR on 6 April 1977 for a period of 6 years. On 27 July 1977, he enlisted in the Regular Army for a period of 4 years. On
21 May 1981, he was honorably discharged for immediate reenlistment. On
22 May 1981, he reenlisted for a period of 3 years. On 13 May 1984, the applicant was honorably discharged.
3. Item 12e on the applicants DD Form 214 for the period ending 13 May 1984 shows he served 3 months and 21 days of prior inactive service.
4. The applicant enlisted in the USAR on 21 March 1984. On 27 February 1996, he was honorably discharged from the USAR.
5. 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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers 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:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
Since the applicant was discharged from the USAR in February 1996, approximately 12 years after his release from active duty, there is no basis for amending his DD Form 214 for the period ending 13 May 1984 to show his service in the USAR from 21 March 1984 to 27 February 1996 or the schools he attended during that time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
PM____ __JH____ ___KJ___ 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.
____ PM ____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070016859
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2011 | 20110018286
The ARCOTR may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984. c. the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years. The evidence of record shows the applicant served in Korea during a qualifying period of service for...
ARMY | BCMR | CY2010 | 20100012416
The applicant also submits a copy of an ARCAM award memorandum, dated 7 October 1995, showing his award of the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995. He was awarded the OSR for that period of service. The evidence shows that on 7 October 1995 he was issued a memorandum awarding him the ARCAM (4th Award) for the period 1 August 1992 to 31 July 1995.
ARMY | BCMR | CY2013 | 20130001249
The applicant requests, in effect, correction of his DD From 214 (Report of Separation from Active Duty) to show the date of the date of his entry on active duty as May 1974. The applicant's DA Form 2-1 for his last period of service shows: a. he enlisted not on active duty on 12 November 1977; b. he was ordered to active duty on 21 May 1978; c. he was a recovery specialist with the KYARNG from 23 November 1978 to 21 January 1979; d. he was discharged from KYARNG on 22 January 1979; e. he...
ARMY | BCMR | CY2008 | 20080000154
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 30 June 1980 to show he entered active duty for training (ADT) on 1 November 1977 instead of 1 October 1978. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record), prepared on 22 April 1981 and reviewed by the applicant on 18 October 1981, shows that he was on ADT assigned to the USARE, USASC, Hawaii for the period 1...
ARMY | BCMR | CY2011 | 20110004401
He states that he would like his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 May 1996 reissued to show his name as Rxxxxx Lxx Cxxxxxxx instead of Cxxxxxxxx Fxxx Jr. His military record for these periods of service also shows his birth name. However, his military record for the period of service from 16 November 1977 through 31 May 1996 and the 1996 DD Form 214 are correct as currently constituted and, as a result, there is no basis for...
ARMY | BCMR | CY2006 | 20060013569
x The Board considered the following evidence: Exhibit A - Application for correction of military records. He was promoted to the rank of first lieutenant on 10 September 1979 and was ordered to active duty on 11 February 1981, to attend the officer rotary wing aviator course (ORWAC) for a period of 34 weeks. Accordingly, his records should be corrected at this time to show that award.
ARMY | BCMR | CY2007 | 20070000989C071029
The applicant requests, in effect, that his 27 January 1984 separation document (DD Form 214) and record be corrected to reflect all awards to which he is entitled and his service in the United States Army Reserve (USAR) from January 1984 to December 1988. As a result, there is insufficient evidence to document overseas service in Grenada in his record or on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2001 | 2001062701C070421
The applicant’s Officer Record Brief (ORB), dated 29 January 1996, shows that she entered active duty on 13 August 1981. The evidence or record clearly shows that the applicant entered AD in the Regular Army on 13 August 1981 and that item 12a (Date Entered AD This Period) of her DD Form 214, dated 30 September 1996, is incorrect. The Board also notes that the applicant completed 186 days of ADT during the period 10 September 1979 to 12 August 1981.
ARMY | BCMR | CY2014 | 20140004620
The applicant requests correction of his 16 November 1975 DD Form 214 (Report of Separation from Active Duty) and 5 September 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show active duty service (ADS) credit that was granted by the Army Board for Correction of Military Records (ABCMR) to correct his military service records. The Board found the applicant was transferred to the U.S. Army Reserve (USAR) on 16 November 1975 with 16 years, 3 months, and 26 days of...
ARMY | BCMR | CY2012 | 20120009142
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 June 1999 to add the following awards: * Meritorious Service Medal (MSM) (2nd Award) * Army Commendation Medal (ARCOM) (5th Award) * Army Achievement Medal (AAM) (5th Award) * Army Superior Unit Award (ASUA) (2nd Award) * Army Good Conduct Medal (AGCM) (4th Award) * National Defense Service Medal (NDSM) (2nd Award) * Noncommissioned Officer (NCO)...