BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090007144
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 a DD Form 214 (Certificate of Release or Discharge from Active Duty) be issued to cover all of his service in the U.S. Army Reserve (USAR).
2. The applicant states, in effect, that his DD Form 214 covers his service during only 1 year, 1985, and does not include his promotion to E-4, his award of additional military occupational specialties (MOS's), or USAR service.
3. The applicant provides copies of a National Archives Form 13038 (Certificate of Military Service), a 17 September 1985 DD Form 214, a Department of Army Reserve Personnel (DARP) Form 249-2-E, two MOS training diplomas, a Certificate of Training, and a 9 May 1990 Honorable Discharge Certificate.
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, as 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 USAR on 10 May 1984 and was assigned to the 312th Evacuation Hospital, Greensboro, NC.
3. He commenced his initial active duty for training (IADT) on 14 June 1984. He completed basic training and he was released to his USAR unit on 17 August 1984, a period of 65 days.
4. The applicant commenced the second half of his IADT on 13 June 1985, completed the MOS training course 52C (Utility Equipment Repairman), and was released from active duty to his USAR unit on 17 September 1985, a period of 93 days. The DD Form 214 was issued for this period of active duty and lists the first part of his IADT in the prior active service block. This DD Form 214 and his Certification of Military Service issued on 2 July 2007 for the same period of service show the applicant's rank as private/pay grade E-1.
5. The applicant reenlisted in the USAR on 9 April 1987 and served on active duty for training from 26 May 1987 through 10 July 1987, a period of 46 days. He was awarded MOS 76V (Materiel Storage and Handling Specialist) at this time.
6. The applicant provides a Certificate of Training for completion of a 63B (Light-Wheel Vehicle Mechanic) course. The available record does not contain any information on this course.
7. The Honorable Discharge Certificate, dated 9 May 1990, shows the applicant was discharged from the USAR in pay grade E-2.
8. 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 establishes standardized policy for preparing and distributing the DD Form 214. A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more of continuous active duty for training.
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that his DD Form 214 covers his service during only 1 year, 1985, and does not include his promotion to E-4, his award of additional MOS's, or USAR service.
2. A DD Form 214 is prepared only to record continuous periods of active duty (emphasis added). For USAR Soldiers, they must have served on active duty for training for a minimum period of 90 days.
3. The applicant has not provided and the record contains no documentation showing the applicant served on active duty for any periods in excess of 90 days except for the period reflected on the 1985 DD Form 214.
4. Therefore, it is not appropriate to either correct the existing DD Form 214 to reflect actions completed after the date of issue or issue a second DD Form 214.
5. 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) AR20090007144
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ABCMR Record of Proceedings (cont) AR20090007144
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