IN THE CASE OF:
BOARD DATE: 11 June 2009
DOCKET NUMBER: AR20090003319
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), and 14 (Military Education) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 April 1984 be corrected. She also requests that her DD Form 214 be corrected to show duty assignments and a Certificate of Appreciation.
2. The applicant states, in effect, that her pay grade is incorrect and that a Certificate of Appreciation is not shown on her DD Form 214. She indicates that when she got out of the Army she went to different duty stations and that she went to Fort Polk, Louisiana for school which is not shown on her DD Form 214.
3. The applicant provides a Certificate of Appreciation in support of her application.
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 28 July 1980 for a period of 6 years. She enlisted in the Regular Army on 2 October 1980 for a period of 3 years. She trained as a unit supply specialist and was promoted to specialist four/E-4 effective 1 April 1982. On 2 April 1984, she was released from active duty and transferred to the USAR to complete her remaining obligation.
3. Item 4a on the applicant's DD Form 214 for the period ending 2 April 1984 shows the entry "SP4 [specialist four]." Item 4b on this DD Form 214 shows the entry "E-4." Item 14 on this DD Form 214 shows she completed the 8-week Unit Supply Specialist Course in 1981.
4. Item 17 (Civilian Education and Military Schools) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows she completed the 8-week unit supply course in 1981. Item 35 (Record of Assignments) on her DA Form 2-1 does not show any duty assignments at Fort Polk, Louisiana.
5. The applicant was honorably discharged from the USAR on 8 September 1986. She reenlisted in the USAR on 9 September 1986 for a period of 6 years. She was apparently promoted to sergeant/E-5 while she was in the USAR. On 8 September 1992, she was honorably discharged from the USAR in the rank of sergeant.
6. A DD Form 215 (Correction to DD Form 214), dated 15 August 1984, amended item 12b (Separation Date This Period) on the applicant's DD Form 214 to show 2 April 1984.
7. Army Regulation 635-5 (Separation Documents) 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. This regulation provides that
Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214. Additionally, there is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.
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 was a specialist four/E-4 at the time of her release from active duty which is properly reflected in items 4a and 4b on her DD Form 214 for the period ending 2 April 1984. Since the applicant was promoted to sergeant in the USAR after her release from active duty on 2 April 1984, there is no basis for amending items 4a and 4b on her DD Form 214 for the period ending 2 April 1984.
3. The governing regulation states that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.
4. Evidence of record shows the applicant completed the 8-week Unit Supply Specialist Course in 1981 which is properly reflected in item 14 on her DD Form 214 for the period ending 2 April 1984. There is no evidence of record which shows the applicant completed any other military courses while on active duty. Therefore, there is insufficient evidence on which to amend item 14 on her DD Form 214 for the period ending 2 April 1984.
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) AR20090003319
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ABCMR Record of Proceedings (cont) AR20090003319
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