IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100012176
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 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade as sergeant (SGT)/E-5.
2. The applicant states, in effect, her DD Form 214 does not reflect her promotions beyond private (PV2)/E-2), military education, and awards.
3. The applicant provides a copy of her DD Form 214, DD Form 256A (Honorable Discharge Certificate), and Army/A.C.E. [American Counsel on Education] Registry Transcript System (AARTS) printout.
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 applicants military record shows she enlisted in the U. S. Army Reserve (USAR) on 2 August 1984 for a period of 8 years. She entered active duty for training (ADT) on 1 October 1984 and she served until she was released from ADT and transferred to her USAR unit.
3. The DD Form 214 she was issued on 24 January 1985 shows she was released from ADT by reason of Reserve component personnel upon completion of MOS [military occupational specialty] training. She completed
3 months and 24 days net active service this period. Item 4a contains the entry PV2 and item 4b contains the entry E2.
4. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Service Ribbon and Marksman Marksmanship Qualification Badge with Rifle Bar. Item 14 (Military Education) shows she completed the 6-week Traffic Management Coordinator Course in 1985.
5. The applicants DA Form 2-1 (Personnel Qualification Record) prepared on
21 May 1988 confirms she was promoted to her highest rank of SGT on 18 May 1987. It also shows she completed additional military training and she received additional awards throughout her USAR service.
6. Army Regulation 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-1 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 evidence of record confirms the applicant was transferred to the control of her USAR unit on 24 January 1985 in the rank/grade of PV2/E-2 upon completion of 3 months and 24 days of ADT. At that time of her release from active duty she had not attained the rank of SGT, completed any additional military education, or earned any additional awards. By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added). Therefore, the applicants DD Form 214 accurately reflects her service at the time it was issued on 24 January 1985.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100012176
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ABCMR Record of Proceedings (cont) AR20100012176
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