IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080012032
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 she be issued a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that her reissued DD Form 214 should reflect her service in the U.S. Army Reserve (USAR).
3. The applicant provides her DD Form 214 with the period ending 8 September 1982; a Defense Finance and Accounting Service (DFAS) Form 702 (Military Leave and Earnings Statement), with the period covered 27 October 1993; a DA Form 2A (Personnel Qualification Record); a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 21 January 1990; a DA Form 4651-A (Request for Reserve Component or Attachment), dated 22 December 1993; and numerous USAR orders.
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 Regular Army on 6 November 1979. She was honorably released from active duty on 8 September 1982. Her DD Form 214, with the period ending 8 September 1982, shows that she transferred to the USAR Control Group (Annual Training). On 5 November 1985, the applicant was honorably discharged from the USAR.
3. On 9 February 1989, the applicant enlisted in the USAR for a 1-year term of service. On 9 May 1990, she reenlisted in the USAR for a 4-year term of service.
4. Headquarters, U.S. Army Reserve Command Orders 94-173-034, dated
13 June 1994, show that the applicant was honorably discharged from the USAR. There is no evidence in her military records that shows she was ever on extended active duty while in 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 preparing and distributing the DD Form 214. It states, in pertinent part, that the regulation is applicable to members of the active duty Army, the Army National Guard (ARNG), and the USAR on 90 days or more of active duty, active duty for training, or full-time training duty. 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 applicant's DD Form 214 shows that she was honorably released from active duty on 8 September 1982 and subsequently she enlisted in the USAR. However, in accordance with Army Regulation 635-5, while in the USAR the applicant would have had to have been on 90 days or more of active duty to be issued a DD Form 214. There is no evidence in the applicant's records that show she was in an active duty status prior to her discharge from the USAR. Therefore, she is not entitled to issuance of a DD Form 214. In addition, her USAR service was performed outside the period covered by her DD Form 214.
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.
_______ XXX_ _______ ___
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) AR20080012032
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ABCMR Record of Proceedings (cont) AR20080012032
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