IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090009190 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his proper rank, dates of service, and foreign service.  He also requests that his Reserve drill attendance record be corrected and that he be reimbursed the personal funds he paid for his education due to being denied G.I. Bill benefits.

2.  The applicant states, in effect, that despite the multiple attempts he has made to get his records corrected, they are still incorrect. 

3.  The applicant provides a copy of his 8 May 1992 DD Form 214 in support of his request.

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 enlisted in the U.S. Army Reserve (USAR) on 15 August 1991.  He entered active duty for his initial active duty for training (IADT) on 
19 November 1991.  He completed training and was awarded military occupational specialty 63N (Tank Systems Mechanic).  

3.  The DD Form 214 he was issued shows that he was released from IADT on 
8 May 1992 and returned to his USAR Troop Program Unit (TPU) in pay grade  E-1.  He had completed 5 months and 20 days of active service. 

4.  His DA Form 2-1 (Personnel Qualification Record) shows he was advanced to private first class on 19 September 1992 and to specialist on 21 September 1993.  He served in Germany from 9 - 29 October 1993.

5.  The applicant's record contains three notifications for missed drills.  He missed a total of 9 drill periods, between 2 March and 18 July 1994.  The applicant's record also shows he submitted a statement to his commander explaining that he was absent due to problems obtaining educational benefits.  He indicated that he had to get a weekend job to pay for his education.

6.  The applicant’s unit commander reviewed his statement and determined that the reason was insufficient to excuse his absence.  The unit commander notified the applicant he was declared an unsatisfactory participant and he would be transferred to the Individual Ready Reserve. 

7.  Headquarters, 77th U.S. Army Reserve Command Orders 2-15, dated 4 January 1995, show the applicant was relieved from his TPU and transferred to the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, effective 1 August 1994, due to unsatisfactory participation.

8.  There is no evidence that the applicant served in a rank greater than specialist or that he returned to a TPU after August 1994.

9.  ARPERCEN Orders D-08-957394, dated 17 August 1999, discharged the applicant from the USAR in the rank of specialist (SPC)/E-4.

10.  Army Regulation 635-5 (Separation Documents) prescribes separation documents.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  A DD Form 214 is prepared for a Reserve component (RC) Soldier after completing IADT for 90 days or more or that results in the award of a military occupational specialty; completing 90 days or more of IADT, or for any period of mobilization under Title 10, U.S. Code, sections 12301(a), 12302, or 12304.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that despite multiple attempts to correct his records they are still incorrect.  His records do not include all of his dates of service and deployments.  His rank is incorrectly listed on his DD Form 214.  He also contends that he should be reimbursed for educational expenses due to being denied G. I. Bill benefits and that his Reserve drill attendance record should be corrected.

2.  The DD Form 214 is not a document that includes all aspects or periods of service for a USAR Soldier, it is a static document and only covers that portion of a Soldier's time served on active duty for a period of 90 days or greater.

3.  There is no documentation to show the applicant was advanced beyond the rank of private during his period of IADT covered by the DD Form 214 issued on 8 May 1992 or that he served overseas during this period of active duty.  Therefore the DD Form 214 was completed correctly.

4.  The applicant missed 9 drill periods in 1994.  These drills were considered unexcused absences and he was separated due to unsatisfactory participation, effective 1 August 1994, in the rank of SPC.  

5.  There is no evidence available to indicate the applicant was promoted beyond the rank of SPC.

6.  The administration and disbursement of benefits and funds under the Montgomery G. I. Bill falls under the jurisdiction of the Department of Veterans Affairs (VA).  As such the issue should be addressed to the VA.

7.  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)                                         AR20090009190



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009190



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1