IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090020197
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his 2 additional years of service in the U.S. Army Reserve (USAR).
2. The applicant states his DD Form 214 shows he served in the USAR for a period of 6 years; however, he served in the USAR for 8 years. He adds his service was from October 1980 through October 1986, October 1988 through October 1989, and October 1992 through October 1993.
3. The applicant provides copies of his DD Form 214 and two discharge orders.
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. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the USAR on 1 October 1980 for a period of 6 years.
3. The applicant's DD Form 214 shows he entered active duty for training (ADT) on 6 October 1980 and he was honorably released from ADT and returned to his USAR unit on 24 February 1981. Item 12 (Record of Service) shows in:
* block c (Net Active Service This Period) - 0 years, 4 months, and 19 days
* block e (Total Prior Inactive Service) - 0 years, 0 months, and 5 days
* block i (Reserve Obligation Termination Date) - "86 09 30" (i.e., 30 September 1986)
4. U.S. Army Reserve Personnel Center, St. Louis, MO, Orders D-09-072349, dated 24 September 1986, honorably discharged the applicant from the USAR (Ready Reserve) effective 30 September 1986.
5. A DD Form 4 shows the applicant enlisted in the USAR on 29 October 1986 for a period of 1 year.
6. A DD Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 20 October 1987, shows the applicant extended his 1-year enlistment of 29 October 1986 for a period of 1 year.
7. First U.S. Army, Fort George G. Meade, MD, Orders 30-23, dated 2 March 1988, honorably discharged the applicant from the USAR (Ready Reserve) effective 2 March 1988.
8. A DD Form 4 shows the applicant enlisted in the USAR on 5 August 1992 for a period of 1 year.
9. U.S. Army Reserve Command, Atlanta, GA, Orders 93-247-027, dated 27 September 1993, honorably discharged the applicant from the USAR effective 27 September 1993.
10. A U.S. Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated 1 June 2010, shows the applicant's service in the USAR from 1 October 1981 through 30 September 1995. He is credited with 286 total points and 1 qualifying year for retirement.
11. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's release from ADT, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214.
a. Chapter 2 states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, military personnel records jacket, or any other document authorized for filing in the official military personnel file.
b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It states for:
* item 12 (Record of Service), to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc., are based upon the information contained herein
* block 12i, to enter the terminal date of the Reserve obligation under the Military Selective Service Act
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he served 2 additional years in the USAR.
2. Records show the applicant enlisted in the USAR for a period of 6 years on 1 October 1980.
3. His DD Form 214 covering the period of his ADT from 6 October 1980 through 24 February 1981 credited him with 4 months and 19 days of net active service and 5 days of total prior inactive service.
a. His Reserve obligation terminal date was 30 September 1986.
b. The governing Army regulatory guidance states to enter the Reserve obligation terminal date in item 12, block i.
c. Thus, the date shown in item 12, block i, was and remains correct.
4. The applicant was honorably discharged from the USAR (Ready Reserve) effective 30 September 1986.
5. The applicant's honorable service in the USAR from 29 October 1986 through 2 March 1988 is documented in his military personnel records.
6. The applicant's honorable service in the USAR from 5 August 1982 through 27 September 1993 is documented in his military personnel records.
7. The applicant's ARPC Form 249-E does not show the applicant's service in the USAR from 1 October 1980 through 30 September 1981. Therefore, it would be appropriate to correct this record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ARPC Form 249-E to show the applicant's service in the USAR from 1 October 1980 through 30 September 1981.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his DD Form 214.
____________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) AR20090020197
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ABCMR Record of Proceedings (cont) AR20090020197
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