IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20090000970
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 all of her years of service be entered on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 February 1981.
2. The applicant states she does not have a corrected DD Form 214. She states she previously requested a DD Form 214, but was sent a DD Form 214 for 6 years only .
3. The applicant provides, in support of her application, her DD Form 214 and a Veterans Administration (VA) Form 26-8261 (Certificate of Veteran Status).
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 military personnel records show she enlisted in the U.S. Army Reserve (USAR) on 7 August 1980. She was ordered to initial active duty for training (IADT) and she entered IADT on 3 October 1980. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 75D (Personnel Records Specialist). She was released from IADT on 28 February 1981 and transferred to the 1018th U.S. Army Reception Station, Fort Dix, New Jersey.
3. The applicant was issued a DD Form 214 for her period of IADT from 3 October 1980 to 28 February 1981. The DD Form 214 documents all of her service, including prior inactive service of 1 month and 26 days, up to 28 February 1981.
4. On 7 August 1986, the applicant immediately reenlisted in the USAR for a period of 6 years in the pay grade of E-5. U.S. Army Reserve Command, Fort McPherson, GA, Orders 233-015, dated 10 September 1992, honorably discharged the applicant from the USAR effective the same date.
5. There is no official documentation or other evidence in the applicant's Military Personnel Records Jacket (MPRJ) that show she completed any periods of active duty over 90 days subsequent to her completion of IADT on 28 February 1981.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated, in pertinent part, that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR Soldiers, after completing
90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records do not show any further periods of active duty for
90 days or more. Therefore, no subsequent DD Forms 214 would have been issued.
2. The DD Form 214 is a record of active duty performed by a Soldier during a specified period and includes any prior active or inactive service performed prior to the period covered by the DD Form 214.
3. The applicant's remaining inactive service from 1 March 1981 to 10 September 1992 is not reflected on her DD Form 214 because it occurred
subsequent to her release from active duty. There are no provisions for amending a DD Form 214 to include inactive service performed subsequent to the separation date indicated on the DD Form 214.
4. 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 that 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.
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