IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008481 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that she was honorably discharged in the pay grade of E-4 and that it reflect all of her service. 

2.  The applicant states her DD Form 214 only reflects her service during basic training and does not reflect the fact that she served her enlistment and was honorably discharged in the pay grade of E-4.  She goes on to state that she has been applying for government positions for 10 years and only recently did anyone make her aware that all of her service is not reflected on her DD Form 214.  She also states that she believes that her military records should reflect all of her service.

3.  The applicant provides a copy of her DD Form 214, a copy of her Honorable Discharge Certificate, and a copy of her chronological statement of retirement points.

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 United States Army Reserve (USAR) on 11 May 1989 for a period of 8 years and training as an administrative specialist, under the split training program.

3.  She was ordered to initial active duty for training on 5 June 1989 and was transferred to Fort Jackson, South Carolina to undergo her basic training.  She completed her basic training on 4 August 1989, was issued a DD Form 220 (Active Duty Report), and was returned to her USAR unit.

4.  On 13 June 1990, she was ordered to initial active duty for training and was transferred to Fort Jackson to undergo her advanced individual training (AIT) as an administrative specialist.  She completed her training and was released from initial active duty training on 18 August 1990.

5.  She was issued a DD Form 214 showing that she was released in the pay grade of E-4 and that she had served 4 months and 4 days of total active service; 1 month and 1 day of prior active service; and 11 months and 3 days of prior inactive service.  Her service was uncharacterized and she was returned to her USAR unit where she continued to serve.  She was advanced to the pay grade of E-4 on 3 May 1991.

6.  On 13 May 1997, she was honorably discharged from the USAR in the pay grade of E-4.

7.  A review of her records failed to show that she was ordered to active duty of any kind for 90 continuous days or more after August 1990. 

8.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that 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.  It further provides that a DD Form 214 will be issued for the following:

	a.  Reserve Component Soldiers completing 90 or more days of continuous active duty for training.

	b.  Reserve Component Soldiers completing initial active duty training that results in the award of a military occupational specialty (MOS) even when the period was less than 90 days.  This includes completion of AIT under the USAR Split Training Program.

	c.  Individuals who serve less than 90 days of active duty and are not awarded an MOS will receive a DD Form 220.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to have her DD Form 214 dated 18 August 1990 updated to reflect all of her service, her honorable characterization of service, and the fact that she was discharged in the pay grade of E-4 on 13 May 1997 has been noted and found to lack merit.

2.  The DD Form 214 dated 18 August 1990 was prepared to reflect her release from initial active duty training upon completion of her AIT and award of her MOS.  She was serving in the pay grade of E-2 and her service was uncharacterized.  Accordingly, that form was properly prepared at the time she was released from active duty and properly reflects all of her service up to that point.  However, there is no regulatory authority to add all of her subsequent service to a form that was prepared to reflect her status as of 18 August 1990.

3.  Inasmuch as there is no evidence to show that she was subsequently ordered to active duty for 90 continuous days or more to qualify for issuance of a DD Form 214, there is no basis to grant her request.

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 applicant’s 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:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of her service in arms.





      ____________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)                                         AR20100008481





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ABCMR Record of Proceedings (cont)                                         AR20100008481



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