BOARD DATE: 29 October 2009
DOCKET NUMBER: AR20090009278
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued, on 23 February 1994, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings be corrected to show that he served 2 and 1/2 years of active Army Reserve service between 1983 and 1986.
2. The applicant states that his DD Form 214 does not reflect 2 and 1/2 years of active Army Reserve service between 1983 and 1986.
3. The applicant provides his DD Form 214 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 military records show that he enlisted in the United States Army Reserve (USAR) on 13 May 1983. He was ordered to active duty for training (ADT) on 4 August 1983. He completed the training requirements and he was awarded military occupational specialty 64C (Motor Transport Operator).
3. He was released from ADT on 23 November 1983 and reverted back to the 326th Chemical Company, which was his USAR unit. He remained in the USAR until he enlisted in the USAR Delayed Entry Program on 28 April 1986. He enlisted in the Regular Army on 22 May 1986 and he served until he was honorably released from active duty on 23 February 1994 and transferred to the 326th Chemical Company (his former USAR unit). On 7 January 1997, he was honorably discharged.
4. Item 12c (Net Active Service This Period) of the applicant's DD Form 214 essentially shows he completed 7 years, 9 months, and 2 days of active service between 22 May 1986 and 23 February 1994. Item 12d (Total Prior Active Service) of this document essentially shows the applicant completed 3 months and 20 days of prior active service during his ADT from 4 August to 23 November 1983.
5. The applicant's Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) does not show that he completed 2 and 1/2 years of active USAR service between 1983 and 1986. It shows that his only qualifying year for Reserve retirement was his initial retirement year ending on 12 May 1984. His retirement years ending on 12 May 1985 and 12 May 1986 only show he was credited with 15 membership points in each year.
6. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, it states 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.
7. Army Regulation 635-5 provides, in pertinent part, instructions for preparing the DD Form 214. This regulation states that in item 12d, "From previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any. If not applicable, enter "00 00 00."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served 2 and 1/2 years of active Army Reserve service between 1983 and 1986.
2. It is unclear why the applicant feels his DD Form 214 should be corrected to show he served 2 and 1/2 years of active Army Reserve service between 1983 and 1986, but he may be confusing the term active service with active status. His ARPC Form 249-E shows he was in an Army Reserve active status between 1983 and 1986; however, his only qualifying year for Reserve retirement was his initial retirement year ending on 12 May 1984, and this was because he completed his ADT during this retirement year. His retirement years ending on 12 May 1985 and 12 May 1986 only show he was credited with 15 total points in each year, and those were merely membership points.
3. The applicant's DD Form 214 appears to properly capture the active duty service he performed during the period covered by this document, and also his prior active duty service that he performed while on ADT.
4. In view of the foregoing, there is insufficient evidence to support granting relief in this case.
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) AR20090009278
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ABCMR Record of Proceedings (cont) AR20090009278
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