IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080014939
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 several corrections to his DD Form 214 (Certificate of Release or Discharge From Active Duty), to include:
a. Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) from PV2 E-2 to SP4 E-4;
b. Item 12c (Record of Service Net Active Service This Period) from 9 months and 1 day to 6 years, 0 months and 0 days;
c. Item 13 (Decorations
) by adding the Army Reserve Components Overseas Training Ribbon (ARCOTR) and the Army Reserve Components Achievement Medal (ARCAM); and
d. Item 16 (High School Graduate or Equivalent) from No to Yes.
2. The applicant states his DD Form 214 was issued upon his release from Basic Training/Advanced Individual Training and never updated.
3. The applicant provides:
a. His DD Form 214 for the period 11 July 1986 through 11 April 1987.
b. His DARP Form 249-2-E (Chronological Statement of Retirement Points)
c. His DA Form 2-1 (Personnel Qualification Record), which shows he was promoted to Specialist Four (SP4/E-4) on 11 November 1988, and awarded the ARCOTR on 25 September 1988 and the ARCAM on 3 March 1990.
d. His high school diploma showing he graduated on 9 June 1986.
e. Orders 3-14, Headquarters (HQ), 3220th US Army Garrison, West Palm Beach, FL, dated 23 March 1989, withdrawing and awarding military occupational specialties.
f. DA Form 2496 (Disposition Form), dated 11 November 1988, awarding him the ARCOTR.
g. Memorandum, HQ, Battery C, 7th Battalion, 9th Field Artillery, Kissimmee, FL, dated 3 March 1991, awarding the ARCAM for the period 3 March 1986 through 3 March 1990.
h. DA Form 4187 (Personnel Action), dated 13 November 1988, advancing him to SP4 effective 11 November 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. As a senior in high school, the applicant enlisted in the US Army Reserve (USAR) for 8 years on 24 March 1986, some 2 1/2 months prior to his high school graduation. He graduated high school on 9 June 1986 and entered active duty on 11 July 1986.
2. The applicant served on active duty from 11 July 1986 through 11 April 1987, a period of 9 months and 1 day. Upon separation, he returned to his USAR unit. His rank at the time of separation was PV2/E-2.
3. The applicant was promoted to SP4 on 11 November 1988; he received the ARCOTR on 11 November 1988; he received the ARCAM on 3 March 1990.
4. The applicants DARP Form 249-2-E shows total qualifying service of 6 years, 0 months, and 0 days.
5. Army Regulation (AR) 635-5 (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 establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It may be corrected; it may not be updated.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests corrections to his DD Form 214 for the period 11 July 1986 through 11 April 1987.
2. The applicant was a high school graduate when he entered active duty on 11 July 1986. His DD Form 214 issued on 11 April 1987 erroneously indicates he was not a high school graduate. This error should be corrected.
3. The applicant does not understand the purpose and use of the DD Form 214. It captures information for a specific, finite period of time; it is not updated to include events of data occurring outside of the prescribed period of active service. Thus his request to change his rank, awards, and period of service cannot be approved.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 for the period 11 July 1986 through 11 April 1987 to show he was a high school graduate.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 for the period 11 July 1986 through 11 April 1987 to show he was a SP4, to show he served 6 years, and to show he was awarded the ARCOTR and ARCAM.
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) AR20080014939
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014939
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