IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090017179
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 correction of items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 11 (Primary Specialty) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 July 1991.
2. The applicant states she was honorably discharged from the U.S. Army Reserve (USAR) as a sergeant/E-5 in primary military occupational specialty (PMOS) 91P2O (x-ray specialist).
3. The applicant provides:
* promotion orders
* DA Form 1059 (Service School Academic Evaluation Report)
* Certificate of Training
* diploma
* letter from the National Personnel Records Center in St. Louis, Missouri
* DD Form 214 for the period ending 20 July 1991
* marriage certificate
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 16 May 1988 for a period of 8 years. She was awarded PMOS 91P1O on 25 January 1990 and promoted to specialist/E-4 on 9 November 1990. She was ordered to active duty on
1 February 1991 in support of Operation Desert Shield/Storm. On 20 July 1991, she was released from active duty in the rank of specialist/E-4 and returned to her USAR unit to complete her remaining service obligation.
3. Item 4a on the applicant's DD Form 214 for the period ending 20 July 1991 shows the entry "SPC [specialist]." Item 4b on this DD Form 214 shows the entry "E4." Item 11 on this DD Form 214 shows the entry "91P1O X-RAY Specialist//NOTHING FOLLOWS."
4. The applicant provided promotion orders, dated 1 October 1992, which show she was promoted to sergeant in the USAR and was awarded PMOS 91P2O effective 1 October 1992.
5. A DD Form 215 (Correction to DD Form 214), dated 27 April 1992, amended item 11 on the applicant's DD Form 214 for the period ending 20 July 1991 to show the entry "91P1O X-RAY SP [specialist] 00YRS - 066MOS//NOTHING FOLLOWS."
6. The applicant was honorably discharged from the USAR on 10 February 1998 in the rank of sergeant.
7. Army Regulation 635-5 (Separation Documents) 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.
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 her separation from active duty. Evidence of record shows the applicant was a specialist at the time of her release from active duty, which is properly reflected in items 4a and 4b of her DD Form 214 for the period ending 20 July 1991. Since the applicant was promoted to sergeant and awarded PMOS 91P2O after her release from active duty on
20 July 1991, there is no basis for amending items 4a, 4b, or 11 on her DD Form 214 for the period ending 20 July 1991.
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) AR20090017179
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090017179
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