IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090009848
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) for the period ending 4 June 1984 be corrected to show his service in the U.S. Army Reserve (USAR) from March 1982 to March 1988.
2. The applicant states that he was a member of the USAR from March 1982 to March 1988 and his DD Form 214 from that enlistment reflects different dates. He indicates that he recently enlisted in the Army National Guard and his pay reflects only two years of prior military service. He states that not only does this reduce his current pay but it also makes reenlisting after completion of his 6-year obligation non-existent since he will be too old to fulfill 20 years service before the forced retirement age.
3. The applicant provides a copy of his DD Form 214 for the period ending
4 June 1984 and Section VI (Remarks) of a DD Form 1966/4 (Record of Military Processing - Armed Forces of the United States) in support of his 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 enlisted in the USAR on 27 March 1982 for a period of 6 years. He was ordered to active duty on 28 March 1984 for training and was released from active duty on 4 June 1984 and returned to the USAR to complete his remaining service obligation.
3. The applicants DD Form 214 for the period ending 4 June 1984 shows he completed 2 months and 7 days of creditable active service. Item 12e (Total Prior Inactive Service) on this DD Form 214 shows he served 1 year, 9 months, and 26 days (i.e., earlier USAR service).
4. On 26 March 1988, the applicant was honorably discharged from the USAR.
5. In support of his claim, the applicant provided Section VI of a DD Form 1966/4 which states, in pertinent part, that he had enlisted service from March 1982 to March 1988 in the Active Reserve.
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. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that 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, in effect at the time stated, in pertinent part, that all prior inactive service, less any lost time, would be entered in item 12e.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant enlisted in the USAR on 27 March 1982, and he was ordered to active duty on 28 March 1984 for training. He was released from active duty on 4 June 1984, and in accordance with the governing regulation, item 12e on his DD Form 214 for the period ending 4 June 1984
properly reflects his earlier service in the USAR (1 year, 9 months, and 26 days). Since the applicant was discharged from the USAR on 28 March 1988, almost
4 years after his release from active duty, there is no basis for granting the applicant's request.
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) AR20090009848
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