IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080010776
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 March 1988 be corrected to show he enlisted on 15 October 1986 and was discharged on 1 April 1990.
2. The applicant states, in effect, that he enlisted in the Army on 15 October 1986 and was discharged on 1 April 1990; however, his DD Form 214 only shows four months of service. He contends that he was not debriefed, that he did not receive his discharge papers, and that he served four years at Fort Gordon. He also states that he served four years on active duty, that he served three years in the Army National Guard (1 June 1990 to 14 October 1993), and that he served two years in the Army Reserve.
3. The applicant provides a Department of Veterans Affairs document and a copy of his DD Form 214 for the period ending 18 March 1988.
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 applicants enlistment contract shows he enlisted in the Army National Guard on 15 October 1987 for a period of 8 years. He was ordered to active duty on 27 October 1987 for training and was released from active duty on 18 March 1988.
3. Item 12a (Date Entered AD [Active Duty] This Period) on the applicants DD Form 214 for the period ending 18 March 1988 shows the entry, 87 10 27. Item 12b (Separation Date This Period) on his DD Form 214 shows the entry,
88 03 18.
4. On 1 April 1990, the applicant was discharged from the Army National Guard and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. The applicants NGB [National Guard Bureau] Form 22 (Report of Separation and Record of Service) shows he enlisted on 15 October 1987 and was discharged on 1 April 1990.
6. There is no evidence of record which shows the applicant served in the Army National Guard until October 1993.
7. 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:
1. 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.
2. The evidence of record does not support the applicants contention that he enlisted in the Army on 15 October 1986 and was discharged on 1 April 1990. Evidence of record shows that he enlisted in the Army National Guard on
15 October 1987 and that he was ordered to active duty on 27 October 1987 for training. He was released from active duty for training on 18 March 1988. He was discharged from the Army National Guard on 1 April 1990 and transferred to the USAR Control Group (Annual Training). Since the applicants active duty service (27 October 1987 through 18 March 1988) is properly reflected on his DD Form 214 for the period ending 18 March 1988, there is no basis for granting his request.
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) AR20080010776
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ABCMR Record of Proceedings (cont) AR20080010776
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