IN THE CASE OF:
BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090008793
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 that item 22 (Official Authorized to Sign) of his 2 May 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) be signed by the appropriate authority.
2. The applicant states he was unaware that his DD Form 214 was not signed by the appropriate authority at the time of his discharge.
3. The applicant provides a copy of his DD Form 214.
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 applicants record shows he enlisted in the United States Army Reserve and was ordered to active duty on 10 February 2004. He served 1 year, 2 months, and 23 days and was honorably released from active duty on 2 May 2005.
3. There is no signature contained in item 22 of the applicant's 2 May 2005 DD Form 214. Additionally, a copy of his DD Form 214 is not contained in his official military personnel file (OMPF).
4. Army Regulation 635-5 (Personnel Separations) 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. Paragraph 2-4, in pertinent part, requires the signature in item 22 of the official authorized to sign the form. The signature indicates the information in the certificate is as correct as the records permit, that a quality control check has been made, and that the separation is valid and authorized by the approval authority. Only a commissioned or warrant officer may authenticate a DD Form 214; however, when the chief or acting chief of the transition center is a staff sergeant, GS-07, or higher, or an authorized contractor employee, that individual may sign.
DISCUSSION AND CONCLUSIONS:
There is no copy of the applicant's 2 May 2005 DD Form 214 in his OMPF and it appears that the approval authority inadvertently forgot to sign the copy he provided. Therefore, his records should be corrected to show that the approval authority signed the applicant's DD Form 214. Additionally, a copy of this form should be filed in the applicant's OMPF.
BOARD VOTE:
_____x___ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that his 2 May 2005 DD Form 214 was signed in item 22 and filing a copy of this form in his OMPF.
_____________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) AR20090008793
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ABCMR Record of Proceedings (cont) AR20090008793
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