IN THE CASE OF:
BOARD DATE: 6 OCTOBER 2009
DOCKET NUMBER: AR20090006933
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Special Forces Tab he was awarded.
2. The applicant states he was awarded the Special Forces Tab but his DD Form 214 does not show this qualification tab.
3. The applicant provides a copy of an order awarding him the Special Forces Tab and an order awarding him the additional skill identifier of "5G" (Special Forces Officer) in support of this 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's records show he enlisted in the Regular Army on 26 August 1963, was promoted to pay grade E-5, and was honorably released from active duty on 12 August 1966. After completing his military service obligation in the U.S. Army Reserve (USAR) Control Group (Reinforcement) he had a break in service until he accepted a commission in the Army Reserve on 2 May 1976.
3. The applicant's records show he served continuously as a commissioned officer in the Army Reserve until he was transferred to the Retired Reserve effective 1 June 2004 in the rank of lieutenant colonel. The applicant's records do not have any DD Forms 214 for the applicant as a commissioned officer.
4. The applicant provided U.S. Army John F. Kennedy Special Warfare Center permanent orders 101-12, dated 4 June 1984, awarding him the Special Forces Tab effective 4 June 1984.
5. Army Regulation 635-5 (Personnel Separations - 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 the DD Form 214 is a synopsis of the Soldier's 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's desire to have his DD Form 214 show he was awarded the Special Forces Tab is understandable. However, the DD Form 214 is a brief record of active duty service at the time of release from active duty, retirement, or discharge.
2. While orders show the applicant was awarded the Special Forces Tab, evidence indicates this occurred after his period of active duty service for which he was issued a DD Form 214. Therefore, he is not entitled to correction of his DD Form 214 to show award of the Special Forces Tab. However, this Record of Proceedings may be used to serve as verification that he was awarded the Special Forces Tab in 1984.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090006933
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ABCMR Record of Proceedings (cont) AR20090006933
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