IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090021816
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his subsequent service in the United States Army Reserve (USAR).
2. The applicant states that he desires his DD Form 214 to be corrected to show the USAR service that he completed after he was released from active duty (REFRAD).
3. The applicant provides no additional documents with 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 Regular Army on 11 October 1979 for a period of 4 years. He completed his training and served until he was honorably REFRAD on 10 October 1983 and was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.
3. On 16 July 1985, the applicant was transferred to Battery A, 3d Battalion, 15th Artillery Regiment in Cullman, Alabama. On 18 August 1987, he was transferred back to the USAR Control Group (Reinforcement) due to unsatisfactory participation. On 9 March 1988, he was honorably discharged from the USAR.
4. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exist on the date of release from active duty or discharge. The DD Form 214 will not be corrected to reflect Events and/or information that occur subsequent to the date the DD Form 214 was prepared. In other words, once the DD Form 214 is prepared and authenticated, no information or data that occurs after the date of release or discharge will be entered on that form.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicants contention that his service in the USAR that occurred subsequent to his REFRAD should be entered on his DD Form 214 has been considered and found to lack merit.
3. The DD Form 214 serves to document service up to the date an individual is REFRAD or discharged from active duty. Service performed subsequent to the effective date of the DD Form 214 is not authorized for entry on the DD Form 214.
4. Accordingly, there is no basis to grant the applicants 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) AR20090021816
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ABCMR Record of Proceedings (cont) AR20090021816
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