IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100007430 


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 document his service in the U.S. Army Reserve (USAR).

2.  The applicant states his DD Form 214 should be corrected to document his USAR service, rank, and military occupational specialty (MOS) with instructor qualification.

3.  The applicant provides USAR discharge orders and certificate, academic evaluation reports, certificates for instructor training, and promotion and MOS orders 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 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's record shows he enlisted in the USAR Delayed Entry Program (DEP) on 15 December 1982 and served in an inactive Reserve status until 24 February 1983, at which time he was discharged from the DEP in order to enlist in the Regular Army (RA) on 25 February 1983.

3.  The record shows the applicant entered active duty in the RA on 25 February 1983 and was trained in and awarded MOS 63B (Light Wheel Vehicle Mechanic).  It further shows he was promoted to the rank of sergeant/E-5 on 1 June 1990 and that this is the highest rank he attained while serving on active duty.

4.  On 27 February 1995, the applicant was honorably discharged the rank of SGT/E-5 by reason of completion of required active duty service.  The DD Form 214 he was issued at the time shows he completed 12 years and 3 days of active military service between 25 February 1983 and 27 February 1995.  It also shows he held and served in MOS 63B for 11 years and 7 months.

5.  The applicant entered into a transition enlistment contract for the USAR and he began his service in the USAR on 28 February 1995.

6.  The record shows the applicant completed the Battle Focus Instructor Training Course on 16 August 1995.  It further shows he was promoted to staff sergeant (SSG)/E-6 in the USAR on 19 November 1996 in MOS 63B3H, which indicates he was instructor qualified as indicated by the additional skill identifier "H" included in his MOS code.  The record also shows he completed a Small Group Instructor Course on 9 February 1997.

7.  The record shows the applicant was honorably discharged from the USAR in the rank of SSG/E-6 on 18 December 2001.  The Army Reserve Personnel Command Form 249-E (Chronological Statement of Retirement Points) shows at the time of his discharge from the USAR, he had completed a total of 16 years of qualifying service for nonregular retirement (Reserve) at age 60.

8.  Army Regulation 635-5 (Separation Documents) prescribes 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 establishes standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

9.  Chapter 2 of Army Regulation 635-5 contains instructions for preparation of the DD Form 214 as follows:

	a.  Item 4 (Grade, Rate or Rank) – enter the active duty grade or rank and pay grade at time of separation from the Enlisted/Officer Record Brief (ERB/ORB).

	b.  Item 11 (Primary Specialty and Number) – for enlisted Soldiers, enter from the ERB the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served as of the effective (separation) date of the DD Form 214.

	c.  The instructions for item 12 (Record of Service) state the following:

		(1)  Item 12a (Date Entered Active Duty (AD) This Period) – enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued.

		(2)  Item 12b (Separation Date This Period) – enter the Soldier's actual active duty transition (separation) date.

		(3)  Item 12c (Net Active Service This Period) – enter the amount of service this period, computed by subtracting item 12a from 12b.

		(4)  Item 12d (Total Prior Active Service) – enter the total amount of prior active military service from previously-issued DD Forms 214.

	d.  Item 14 (Military Education) –  enter the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.

10.  Paragraph 2-6 of Army Regulation 635-5 provides guidance on alterations and corrections to the DD Form 214.  It does not provide for adding information to the DD Form 214 regarding USAR service, military courses completed, promotions, and/or qualifications subsequent to the effective (separation) date of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his USAR service, promotion to SSG/E-6, and MOS with instructor qualification should be reflected on his 27 February 1995 DD Form 214 has been carefully considered.  However, there is insufficient evidence to support his claim.

2.  By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  There are no regulatory provisions that allow for correcting or altering a DD Form 214 to add USAR service or accomplishments completed subsequent to the effective (separation) date of the DD Form 214

3.  The evidence of record confirms the rank and MOS the applicant held on the date of his separation from active duty in the RA were correct at the time the document was issued.  It further shows his active duty service completed during the period covered by the DD Form 214 and his inactive duty USAR service in the DEP were properly accounted for in items 12c and 12e of his DD Form 214.  As a result, absent any evidence of error related to the information contained on the DD Form 214 at the time it was issued or regulatory provisions allowing for entering USAR service and accomplishments that occur subsequent to separation date listed on the DD Form 214, there is an insufficient evidentiary basis to support granting the requested relief.

4.  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.

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)                                         AR20100007430



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ABCMR Record of Proceedings (cont)                                         AR20100007430



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