IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080014947
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 items 4a (Grade, Rate or Rank), 4b (Pay Grade), 12a (Date Entered AD [active duty] This Period), and 14 (Military Education) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 May 1984 be corrected.
2. The applicant states that this DD Form 214 is not complete. She contends that it does not show that she enlisted in May 1982, that she was discharged as a sergeant/E-5, or that she completed her first military occupational specialty (MOS) school (photo lithographer course).
3. The applicant provides a letter, dated 21 July 2008, from the National Personnel Records Center, St. Louis, Missouri and a copy of her DD Form 214 for the period ending 18 May 1984.
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 U.S. Army Reserve (USAR) on 4 May 1982 for a period of 6 years. She was ordered to active duty for MOS training on 24 May 1983. She completed the 9-week photo lithographer course and was released from active duty on 28 July 1983.
3. Item 14 on the applicant's DD Form 214 for the period ending 28 July 1983 shows she completed the 9-week photo lithographer course.
4. The applicant was ordered to active duty for MOS training on 8 January 1984. She completed the 18-week still photographic specialist course and was released from active duty in the rank of private first class on 18 May 1984.
5. Item 4a on the applicant's DD Form 214 for the period ending 18 May 1984 shows the entry, "PFC" [private first class]. Item 4b on this DD Form 214 shows the entry, "E-3." Item 12a on this DD Form 214 shows she entered active duty on 8 January 1984. Item 12e on this DD Form 214 shows she completed 1 year, 3 months, and 17 days of prior inactive service.
6. The applicant was promoted to sergeant in the USAR effective 10 August 1987. She was honorably discharged from the USAR on 14 September 1988.
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. The regulation in effect at the time also states, in pertinent part, that item 14 will list in-service training courses; title, number of weeks, year successfully completed during this period of service.
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 her separation from active duty.
2. Evidence of record shows the applicant enlisted in the USAR on 4 May 1982 and that she was ordered to active duty for MOS training (9-week photo lithographer course) on 24 May 1983. She was released from active duty on
28 July 1983, and in accordance with the governing regulation, item 14 on her DD Form 214 for the period ending 28 July 1983 properly reflects completion of her first MOS school (9-week photo lithographer course). Therefore, there is no basis for granting the applicant's request to show this course on her DD Form 214 for the period ending 18 May 1984.
3. Item 12e on the applicant's DD Form 214 for the period ending 18 May 1984 properly reflects her earlier service in the USAR (i.e. 1 year, 3 months, and
17 days). Therefore, there is no basis for granting the applicants request to amend item 12a on her DD Form 214 for the period ending 18 May 1984.
4. Since the applicant was promoted to sergeant in the USAR on 10 August 1987, three years after her release from active duty on 18 May 1984, there is no basis for amending items 4a and 4b on her DD Form 214 for the period ending 18 May 1984 to show her rank as sergeant/E-5.
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) AR20080014947
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014947
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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