BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100007453
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include his:
* promotion to captain
* completion of the Staff Process Course of the Combined Arms and Service Staff School
* U.S. Army Reserve (USAR) service from December 2000 to February 2004
2. The applicant states the above items were not put on his record when he left the Reserves due to Reserve oversight.
3. The applicant provides no additional evidence 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 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 was commissioned a second lieutenant in the USAR on 23 July 1987. He was ordered to 3 years active duty effective 14 November 1988.
3. On 14 February 1992, the applicant was released from active duty by reason of the expiration of his term of service. He was released in the rank of first lieutenant and had completed 3 years, 3 months, and 1 day of active service that was characterized as honorable. The only DD Form 214 in the applicant's Official Military Personnel File (OMPF) is for the period from 14 November 1988 to 14 February 1992.
4. On 21 July 1994, the applicant was promoted to captain.
5. On 10 September 2001, the applicant completed the Staff Process Course of the Combined Arms and Service Staff School.
6. On 25 November 2002, the applicant was discharged from the USAR.
7. Army Regulation 635-5 (Separation Documents) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should include his:
* promotion to captain
* completion of the Staff Process Course of the Combined Arms and Service Staff School
* USAR service from December 2000 to February 2004
2. The applicant was discharged from the USAR on 25 November 2002. There is no record of him having served in the USAR after that date.
3. The only DD Form 214 contained in the applicant's OMPF is for the period
14 November 1988 to 14 February 1992. This DD Form 214 provides a brief, clear-cut record of his active duty service at the time of his release from active duty. His promotion to captain, course completion, and any subsequent USAR service occurred after the date of his release from active duty. Therefore, these
events are not entered on his DD Form 214 with a separation date of
14 February 1992.
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) AR20100007453
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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