BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090009340
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 records be corrected to show he had more than 1 month of service and he was separated in pay grade E-4.
2. The applicant states he lost his original DD Form 214 and the replacement one is wrong. He had more than 1 month of service and he was separated in pay grade E-4.
3. The applicant provides no supporting documentation.
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 DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) on 5 June 1981 under the Delayed Entry Program (DEP) for a period of 6 years.
3. On 22 July 1981, he was discharged from the USAR DEP and on 23 July 1981, he enlisted in the Regular Army (RA) for a period of three years in pay grade E-1.
4. On 7 August 1981, the applicant was notified he was being recommended for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-33 (Trainee Discharge Program). His discharge packet included four DA Forms 4856 (General Counseling Form) for a negative attitude, disrespect for authority, and disobeying direct orders.
6. The immediate and intermediate commanders recommended the immediate discharge of the applicant.
7. The separation authority subsequently approved the separation action and directed the applicant receive an honorable discharge.
8. The applicant was honorably discharged in pay grade E-1 on 24 August 1981 with 1 month and 2 days of creditable active service and 1 month and 18 days of inactive service.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It also prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. For item 12b (Separation Date This Period), enter the date separation is accomplished for this period of service and the 12c, enter the total time between dates entered in items 12a (Date Entered Active Duty This Period) and 12b.
10. Army Regulation 635-5, paragraph 25 (Issuance or reissuance of DD Form 214) further states, in pertinent part,
a. do not reissue the DD Form 214, once issued, except when -
(1) Directed by proper appellate authority. Executive Order, or by the Secretary of the Army.
(2) It is determined that the corrections to be made will not fit within the correction block of a single DD Form 215.
(3) Two DD Forms 215 have been issued and an additional correction is required.
(4) The character of service, item 24, is to be changed.
. b. Do not reissue DD Form 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record.
c. When a DD Form 214 is issued or reissued, enter that fact and the date in item 18 (Remarks) of the DD Form 214 unless the appellate authority, executive order, or secretarial directive specifies otherwise.
11. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel. Chapter 5 of the regulation provided, at that time, for the administrative separation of individuals who had demonstrated during the first 180 days of training that they lacked the necessary motivation, discipline, ability or aptitude to become effective Soldiers. This program, known as the Trainee Discharge Program, mandated the award of an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he lost his original DD Form 214 and the replacement one is wrong. He further contends he had more than 1 month of service and he was separated in pay grade E-4.
2. The applicant served in the USAR from 5 June 1981 through 22 July 1981. This period of service is correctly shown at block 12e on the DD Form 214.
3. He served on active duty from 23 July 1981 through 24 August 1981. This period of service is correctly shown at block 12c on the DD Form 214.
4. The record does not contain and the applicant has provided no documentation to show advancement to a pay grade higher than E-1.
5. The record does not show the applicant completed any further active duty service beyond the 1 month and 2 days currently reflected on his DD Form 214 which is contained in his Official Military Personnel File (OMPF).
6. The applicant claims he lost his DD Form 214 and he had to apply for a new one. However, the DD Form 214 contained in his records is the Service -2 copy of the original document issued to the applicant at the time of his separation on 24 August 1981. There is no record that a DD Form 214 was reissued, which would have contained the entries in item 18 as required by Army Regulation
635-5. In additionally, had the applicant lost his DD Form 214 and requested a replacement he would have received a copy of the DD Form 214 that is currently filed in his OMPF.
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.
8. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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.
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