BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100008686
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her Reserve service.
2. The applicant states her Reserve service is not included on her DD Form 214 which is preventing her from getting benefits such as receiving a Department of Veterans Affairs (VA) Certificate of Eligibility for purchasing a house.
3. The applicant provides her DD Form 214.
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's military records show she enlisted in the Delayed Entry Program (DEP) on 15 April 1981 and enlisted the Regular Army on 15 September 1981. She completed initial entry training, was awarded the military occupational specialty of wire system installer/operator, and was promoted to pay grade E-3.
3. Her DD Form 214 shows she was honorably released from active duty on 6 September 1983 by reason of pregnancy and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation. This form shows she completed 1 year, 11 months, and 22 days of active military service.
4. Her DD Form 214 shows:
* item 12a (Date Entered AD This period) "81 09 15"
* item 12b (Separation Date This Period) "83 09 06"
* item 12c (Net Active Service This Period) "01 11 22"
* item 12e (Total Prior Inactive Service) "00 05 00"
5. Her records show she was in the DEP for 5 months and 0 days which is shown in item 12e.
6. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show she was in the DEP for 5 months which is shown in item 12e of her DD Form 214. It further shows she completed a continuous period of active duty service of 1 year, 11 months, and 22 days as of the date she was released from the Regular Army. The governing Army regulation requires that a DD Form 214 will show only the Soldier's most recent period of continuous active duty service and any prior active and inactive service.
2. There is no regulatory provision for adding any post-active duty Reserve service to a DD Form 214. Evidence indicates her DD Form 214 is properly constituted in regard to her service covered by that DD Form 214. As such, she is not entitled to correction of her DD Form 214 to show her Reserve service.
3. It is understandable that she would like to have benefits such as a VA Certificate of Eligibility for the purpose of purchasing a house. However, the ABCMR does not grant requests for correction of properly-constituted records solely for the purpose of making the applicant eligible for veterans or other benefits.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100008686
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR2010000ARMY | BCMR | CY2001 | 2001065431C070421
The applicant requests that her Certificate of Release or Discharge from Active Duty, DD Form 214, for the period ending 24 June 1991 be corrected to show she had continuous service from 30 April 1981 to 1 July 1991, to add the Volunteer Service Ribbon, to show that she is entitled to wear the numeral 2 with the Noncommissioned Officer Professional Development Ribbon (NPDR), and to add the three unit supply specialist courses she attended. She provides her DD Form 214 for the period ending...
ARMY | BCMR | CY2007 | 20070004394C071029
Richard T. Dunbar | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Overseas Service Ribbon and that item 12e (Total Prior Inactive Service) be corrected to show she had 4 months of prior inactive service. The...
ARMY | BCMR | CY2014 | 20140014697
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 July 1981 to show the Meritorious Service Medal with 1st Oak Leaf Cluster (OLC) and, if appropriate, her subsequent Reserve service and retirement. The DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty. However, a DD Form 214 is issued to provide a brief, clear-cut record of active duty service at the...
ARMY | BCMR | CY2009 | 20090003711
The applicant's record contains a DD Form 214 that shows while a member of the USAR, she entered active duty on 22 May 1989. The evidence further confirms that when the applicant was issued her DD Form 214, on 19 April 1993, the she had completed a total of 6 years, 3 months, and 29 days of prior inactive service. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.
ARMY | BCMR | CY2010 | 20100021848
The applicant states, in effect: * The time she spent in the Delayed Entry Program (DEP) should be counted towards her time in service * She was recalled to active duty from the Individual Ready Reserve (IRR) for 14 days during the period 1 February 2008 to 14 February 2008 * Item 12c of her DD Form 214 is incorrect and should reflect the amount of service by subtracting item 12a from item 12b * After reviewing her service record the dates did not match up on her DD Form 214 from her basic...
ARMY | BCMR | CY2010 | 20100019756
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.
ARMY | BCMR | CY2001 | 2001062701C070421
The applicant’s Officer Record Brief (ORB), dated 29 January 1996, shows that she entered active duty on 13 August 1981. The evidence or record clearly shows that the applicant entered AD in the Regular Army on 13 August 1981 and that item 12a (Date Entered AD This Period) of her DD Form 214, dated 30 September 1996, is incorrect. The Board also notes that the applicant completed 186 days of ADT during the period 10 September 1979 to 12 August 1981.
ARMY | BCMR | CY2010 | 20100024415
The applicant requests correction of her net active service this period, total prior inactive service, and award of the Army Achievement Medal on her DD Form 214 (Certificate of Release or Discharge from Active Duty). The record shows she was issued a DD Form 214 for her active duty service from 13 January 2005 through 3 March 2007. Item 12 (Record of Service) of her DD Form 214 shows the following entries in: * Item 12a (Date Entered AD [Active Duty] This Period): 2005 01 13 * Item 12b...
ARMY | BCMR | CY2009 | 20090020597
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 he was issued shows he completed 4 years of creditable active service. Item 12d, obtained from previously-issued DD Forms 214, shows the total amount of prior active military service less lost time, if any (if not applicable, enter, "00 00 00").
ARMY | BCMR | CY2010 | 20100016060
The applicant requests, in effect, her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include the following: * credit for her service in the Delayed Entry Program (DEP) * award of the Army Achievement Medal (AAM) * an honorable discharge 2. Item 18 (Remarks) of her DD Form 214 shows the period of DEP as "870529 - 880201." Evidence of record shows that she served 8 months and 4 days between the time she enlisted in the DEP on 29 May 1987 and the time she...