IN THE CASE OF:	

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080011309 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her rank and grade as Private, E-2.  She also requests, in effect, that her date of discharge from the    U. S. Army Reserve be changed from 2001 to 2003.

2.  The applicant stated, on a Department of Veterans Affairs (VA) Form 21-526 (Veteran’s Application for Compensation and/or Pension) dated 1 June 2008, that she was transferred to the Individual Ready Reserve (IRR) in 1994.  The length of her term changed.  It went from 6 years to 10 years.  The IRR went to Iraq in 2004, and her term ended in 2003.

3.  The applicant provides her DD Form 214; a copy of her military identification card; orders discharging her from the U. S. Army Reserve (USAR), dated 10 April 2001; her 6 April 1993 USAR enlistment contract; reassignment orders, dated   22 September 1994; initial active duty for training orders, dated 7 April 1993; and a copy of her DD Form 2-1 (Personnel Qualification Record).

4.  The applicant also provides a VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs (VA); a VA Form 21-526; a letter, dated 15 August 2008, from the VA with an attached VA Form 21-0760 (VA Benefits in Brief); a credit report, dated 11 April 2008; a letter, dated 4 January 2008, from the U. S. Postal Inspection Service; and two letters, one dated 16 June 2008 and the other dated 11 August 2008, from the National Personnel Records Center.


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 USAR on 6 April 1993 for 8 years.  

3.  On 26 May 1993, the applicant entered active duty for training.  She completed training and was awarded military occupational specialty 62B (Construction Equipment Repairer).  On 4 October 1993, she was released from active duty for training.  Her DD Form 214 shows her rank and grade as Private, E-1.

4.  There is no available evidence of record to show when the applicant was advanced to Private, E-2.

5.  The applicant provided a copy of her military identification card, issued on     23 April 1994, that shows her rank as Private, E-2, as of that date.

6.  On 22 September 1994, the applicant was transferred from her troop program unit to the USAR Control Group (Annual Training).

7.  Effective 10 April 2001, the applicant was honorably discharged from the USAR.

8.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states that, effective   1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.


9.  Title 10, U. S. Code, section 12101(b), states that under regulations prescribed by the Secretary of Defense, a person who is qualified for enlistment for active duty in an armed force and who is not under orders to report for induction may be enlisted as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve for a term of not less than six nor more than eight years.  

10.  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 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 military identification card the applicant provided has been considered. However, that document only indicates that on the date the card was issued (i.e., on 23 April 1994) her rank and grade was Private, E-2.  

2.  The DD Form 214 was meant only to reflect what the applicant’s status was at the time of her release from active duty on 4 October 1993.  There is no evidence of record and the applicant provides none (such as a pay voucher or a leave and earnings statement) to show that she was advanced to Private, E-2, prior to her release from active duty.  Therefore, there is insufficient evidence on which to base amending her DD Form 214 to show her rank and grade as Private, E-2.

3.  The applicant enlisted in the USAR on 6 April 1993 for 8 years.  At that time, and to the present, the statutory military obligation was/is 8 years.  The applicant’s 8-year statutory military obligation ended in April 2001, and she was discharged from the USAR in April 2001.  

4.  The only way the applicant’s military obligation could have changed to          10 years would have been if she had contractually extended her enlistment.  There is no evidence of record to show that she did so.  Therefore, there is insufficient evidence on which to base amending her discharge orders to show she was discharged in 2003.


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)                                         AR20080011309



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ABCMR Record of Proceedings (cont)                                         AR20080011309



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