BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009615
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 item 5 (Department, Component, and Branch or Class) of her DD Form 214 (Report of Separation from Active Duty) to show her component as the Army National Guard (ARNG) instead of the U.S. Army Reserve (USAR).
2. The applicant states she enlisted in the Oregon ARNG for 3 years, but her DD Form 214 shows she was in the USAR.
3. The applicant provides a copy of 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 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 initial enlistment contract is not available for review with this case. However, her DD Form 214 shows she entered active duty for training (ADT) in Salem, OR, on 31 October 1975 and she was honorably released from ADT at Oakland, CA, on 11 February 1977.
3. The DD Form 214 she was issued shows she completed 1 year, 3 months, and 11 days of creditable active service.
* item 5 shows the entry "ARMY USAR UN [Unassigned]"
* item 12 (Command to Which Transferred) shows the entry "See item 27 (Remarks)"
* item 18d (Prior Inactive Service) shows she completed 8 months and 20 days of prior inactive service
* item 27 shows the entry "Military Department, State of Oregon, 2150 Fairgrounds Road NE, Salem, Oregon 97303"
4. Her records contain the following documents:
a. A DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Record of Assignment) the entry "USAR 750211-780210 36 months E-4 91C (Patient Care Specialist)."
b. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 11 June 1979, shows she indicated on one of the allied documents that she served in the USAR from 11 February 1975 to 10 February 1979.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated to list the component, such as "Army/RA [Regular Army]" or "ARNG" or "USAR," in capital letters in item 5 for enlisted Soldiers.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her component as ARNG instead of USAR.
2. The applicant's initial enlistment contract is not available for review with this case; however, her records contain several other documents that indicate she enlisted in the USAR. As such, upon her release from ADT in 1977, her DD Form 214 correctly listed her component as USAR.
3. In the absence of a copy of her enlistment contract that conclusively shows she was a member of the ARNG at the time of her entry and release from ADT in 1977, there is insufficient evidence to correct her records in this case.
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) AR20100009615
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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