IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090017300 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 May 1991 to show the rank of sergeant (SGT)/pay grade E-5.

2.  The applicant states that she was an SGT/E-5 when she was released or discharged.  She states the error was discovered when she was applying for veterans' benefits.

3.  The applicant provides the following documents:

	a.  DD Form 214 with a separation date of 13 May 1991;

	b.  Department of the Army Reserve Personnel (DARP) Form 249 (Chronological Statement of Retirement Points), dated 10 May 1993, showing her highest pay grade was SGT/E-5; and

	c.  DARP Form 249, dated 8 July 1994, showing her highest grade was SGT/E-5.

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 18 April 1986 for a 6-year period.  On 23 July 1986, she entered active duty in a training status to attend basic and advanced individual training.  On 12 December 1986, she was released from active duty and transferred to the U.S. Army Dental Services Detachment at Fort Knox, KY.  Upon the completion of her active duty training, she was issued a DD Form 214 showing she met the qualifications for military occupational specialty 91E (Dental Specialist).

3.  The DD Form 214 the applicant was issued upon her release from active duty training shows her net active service was 4 months and 20 days.

4.  On 17 September 1988, the applicant was promoted to specialist (SPC)/pay grade E-4.

5.  On 28 August 1990, the applicant and her unit, the 3346th U.S. Army Dental Services Detachment, USAR, were ordered to active duty in support of Operation Desert Shield/Desert Storm reporting to the USAR mobilization station at Fort Knox, KY.

6.  On 13 May 1991, the applicant was honorably released from active duty.  She was issued a DD Form 214 that shows she completed 8 months and 16 days of net active service during this mobilization period.  Item 4a (Grade, Rate, or Rank) shows her rank as SPC and item 4b (Pay Grade) shows her pay grade as E-4.

7.  The applicant was promoted to SGT/E-5 on 11 December 1991 by 
Orders 12-2 issued by 5010th U.S. Army Hospital, Louisville, KY.

8.  A review of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the following entries in item 18 (Appointments and Reductions):

	a.  grade of specialist four (SP4) [now known as specialist (SPC)] in the USAR component effective 17 September 1988 and

	b.  grade of SGT in the USAR component effective 11 December 1991.
9.  On 17 April 1992, the applicant was reassigned from her troop program unit (2246th Medical Detachment) to the USAR Control Group (Annual Training) because she had completed her 6-year contractual agreement.  Orders 45-12, dated 17 April 1992, issued by Headquarters, 125th USAR Command, Nashville, TN, show she was released from her unit in the rank/grade of SGT/E-5.

10.  On 3 May 1994, USAR Personnel Center honorably discharged the applicant from the USAR with the issuance of Orders D-05-429411.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 requires the preparer to enter from the DA Form 2-1 the Soldier's active duty grade or rank and pay grade at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant was properly released from active duty on 13 May 1991 in the rank and grade of SPC/E-4.

2.  Records show the applicant was promoted to SPC/E-4 on 17 September 1988 prior to entering active duty in support of Operation Desert Shield/Desert Storm.  On 13 May 1991, she was released from active duty and issued a DD Form 214 showing her rank and pay grade as SPC/E-4.  In addition, records show she was promoted to SGT/E-5 after her release from active duty.  Her promotion date to SGT/E-5 was 11 December 1991, nearly 8 months after her release from active duty.

3.  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 that requirement.

4.  In view of the foregoing, there is insufficient basis to grant the applicant's request to change her DD Form 214 with a separation date of 13 May 1991 to show the rank and pay grade of SGT/E-5.



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)                                         AR20090017300



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ABCMR Record of Proceedings (cont)                                         AR20090017300



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