IN THE CASE OF:	  

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20090001170 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 April 1986, be corrected.  

2.  The applicant states, in effect, that the DD Form 214 should reflect his current rank of colonel (COL), all awards he has earned during military service, all foreign service completed, and to accurately document his 20 years of military service.   

3.  The applicant provides the following documents in support of his application:  Self-Authored Letter, dated 11 November 2008; 1986 DD Form 214; Army Reserve Personnel Command (ARPERSCOM) Promotion Memorandum, dated 24 July 2001; Retired Reserve Orders, dated 12 August 2003; Legion of Merit (LOM) Certificate, dated 29 June 2004; Meritorious Service Medal (MSM) Certificate, dated 31 March 2003; Recommendation for Award (DA Form 638), dated 31 October 2000; Army Reserve Components Achievement Medal (ARCAM) Memorandum, dated 25 October 1997; Armed Forces Reserve Medal (AFRM) Memorandum, dated 25 October 1997; Letter of Commendation, dated 11 February 2000; United States Army Southern Command (USASOUTHCOM) Memorandum, dated 23 July 2002; Active Duty for Training (ADT) Orders for 
El Salvador and Paraguay, dated 18 November 1999 and 16 October 2002; Joint Meritorious Unit Award (JMUA) Citation, dated 11 December 2000; Academic Evaluation Report (AER), dated 10 March 2000; Completion Certificate, dated 
10 March 2000; Command and General Staff College (CGSC) Certificate, dated 30 June 1999;  Judge Advocate General (JAG) Course Completion Certificate, dated 30 March 2001; and Official Photograph.  
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 applicant’s 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 applicant’s 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 he was appointed a first lieutenant (1LT) in the Medical Service Corps (MSC) on 7 March 1983, and he was ordered to and entered active duty in that status as an obligated volunteer officer for a period of 3 years on 8 April 1983.  

3.  The applicant served on active duty for 3 years until being honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 7 April 1986.  The DD Form 214 he was issued at the time shows he held the rank of captain (CPT), which he had attained on 1 January 1984, on the date of his REFRAD.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon and Expert Marksmanship Qualification Badge with Rifle Bar, and Item 14 (Military Education) shows that during the period covered by the DD Form 214 (8 April 1983-7 April 1986), he completed the Army Medical Department (AMEDD) Officer Basic Course, Medical X-Ray Survey Techniques Course, AMEDD Radiation Officer Course, and Basic Physics Health Course.  

4.  The applicant's record shows he continued to serve in the USAR through 
1 November 2003, when he was transferred to the Retired Reserve, in the rank of COL, which he had attained on 29 June 2001.  A Reserve Personnel Accounting System (RPAS) statement on file confirms he completed a total of 20 years, 7 months, and 12 days of qualifying service for retirement.  

5.  Army Regulation 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 also establishes standardized policy for preparing and distributing the DD Form 214.  


6.  Chapter 2 of the separation documents regulation contains guidance 
on preparation of 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.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  There are no regulatory provisions that provide for correcting or reissuing a DD Form 214 to incorporate accomplishments or achievements completed subsequent to the period of active duty service covered by the original DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 1986 DD Form 214 should be corrected to incorporate promotions, awards, and courses completed during his USAR service subsequent to the period of active duty covered by his 7 April 1986 
DD Form 214 was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, 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.  There are no regulatory provisions that provide for altering or correcting a 
DD Form 214 to incorporate accomplishments, and achievements and service completed subsequent to the period of active duty service covered by the original DD Form 214.  

3.  The evidence of record confirms that the applicant's rank, awards, and schools documented on his DD Form 214 accurately reflect his record at the time of his REFRAD on 7 April 1986.  The rank, awards, completed courses, and foreign service the applicant would now like added to his 7 April 1986 DD Form 214 were all accomplished subsequent to the period of active duty service covered by the DD Form 214 in question.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  

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 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)                                         AR20090001170



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ABCMR Record of Proceedings (cont)                                         AR20090001170


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