IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100017986
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 her service in the United States Army Reserve (USAR) from 1 April 1992 to 23 May 1995.
2. The applicant states that she served in the USAR immediately after her release from active duty and she desires to have that service added to her DD Form 214.
3. The applicant provides no additional documents in support of her 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 enlisted in the USAR on 11 September 1980 for a period of 6 years under the delayed entry program (DEP). On 2 December 1980, she enlisted in the Regular Army for a period of 3 years and training as a medical specialist.
3. She was promoted to the pay grade of E-4 on 1 December 1982 and continued to serve until she was honorably discharged on 2 March 1992 under the Fiscal Year 1992 Enlisted Voluntary Early Transition program and the Special Separation Benefit (SSB) Program. She had served 11 years, 3 months and 1 day of total active service and was paid $24,080.76 in SSB payments.
4. On 3 March 1992, she enlisted in the USAR for a period of 3 years. She continued to serve in the USAR until she was honorably discharged from the USAR on 31 January 1995.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that exists at the time of release or discharge from active duty. Service or events that occur subsequent to the date the DD Form 214 was issued will not be entered on the DD Form 214 retroactively unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 was properly prepared to reflect her service as of the date of her discharge and she has failed to show that the form is in error.
2. The applicable regulation specifically provides that information or events that occur subsequent to the date the DD Form 214 is issued will not be entered on that form retroactively.
3. While it is understood why the applicant desires to have her DD Form 214 changed to reflect her subsequent service in the USAR, such a change is not authorized.
4. However, the applicant is not precluded from requesting a statement of service from the National Personnel Records Center in St. Louis, Missouri, the current custodian of her service records.
5. 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 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) AR20100017986
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ABCMR Record of Proceedings (cont) AR20100017986
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