IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080011369
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 20 April 1971 separation document (DD Form 214) be updated to reflect his last rank and by adding the Army Achievement Medal (AAM).
2. The applicant states, in effect, he is requesting his rank be updated and the AAM be added to his DD Form 214.
3. The applicant provides his 20 April 1971 DD form 214; 1980 military occupational specialty (MOS) orders; 1978, 1979 and 1982 promotion orders; 1982 AAM orders; and his retirement certificate 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's record shows that enlisted in the Regular Army and entered active duty on 5 July 1968, and was trained in and awarded MOS 95B (Military Police). His record shows he was promoted to specialist four (SP4)/E-4 on
27 September 1969, and that this was the highest rank he held while serving on active duty.
3. On 20 April 1971, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 8 months, and 16 days of active military service, and transferred to the United States Army Reserve (USAR) to complete his military service obligation. The DD Form 214 he was issued at the time confirms he held the rank of SP4 on the date of his separation, and that he had earned the following awards during his active duty tenure: National Defense Service Medal; Vietnam Service Medal (VSM); Republic of Vietnam Campaign Medal with Device (1960); Sharpshooter Marksmanship Qualification Badge with Pistol Bar; and Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar. The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged).
4. On 5 March 1977, the applicant enlisted in the USAR and continued to serve in that status until 3 March 1987, when he was honorably discharged, in the rank of sergeant first class (SFC)/E-7. His Personnel Qualification Record (DA Form 2-1) shows, in Item 18 (Appointment and Reductions), that during his tenure in the USAR, he was promoted to the following ranks on the dates indicated:
specialist five (SP5)/E-5, 4 February 1978; staff sergeant (SSG)/E-6, 25 June 1979; and SFC, 17 April 1982. His record also shows that he was awarded the AAM for meritorious service from 1 August 1981 through 12 March 1982.
5. Army Regulation 635-200 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparing and distributing the DD Form 214, and Paragraph 2-1 contains guidance on preparing the DD Form 214. It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. There are no provisions for correcting or amending a DD Form 214 to add information or to document events that took place during USAR service completed subsequent to the date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to update his rank and by adding the AAM was carefully considered. However, by regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. There are no regulation provisions that provide for documenting USAR service or events that take place subsequent to the period of active duty documented on a DD Form 214. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ 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.
_________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) AR20080011369
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ABCMR Record of Proceedings (cont) AR20080011369
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