IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020702
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 updated to reflect all of her active duty periods and her military occupational specialty (MOS) of a chaplains assistant.
2. The applicant states that she desires to have her DD Form 214 updated to reflect all of her active service with the United States Army Reserve (USAR) and the fact that she was reclassified to the MOS of a chaplains assistant.
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 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 in Montgomery, Alabama on 19 January 1984 for a period of 6 years, training as a personnel administration specialist and an enlistment bonus.
3. She was ordered to active duty for training (ADT) on 16 February 1984. She completed her basic training at Fort Jackson, South Carolina and her advanced individual training at Fort Benjamin, Harrison, Indiana and was honorably released from active duty training on 5 July 1984 and was returned to her USAR unit in Mobile, Alabama. She was advanced to the pay grade of E-4 on 13 November 1988.
4. On 3 August 1989 she was awarded the MOS of a chaplains assistant and on 26 January 1990, she was honorably discharged from the USAR.
5. A review of the available records fails to show that the applicant was ordered to active duty for training for a period of 90 days or more after her initial ADT.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that a DD Form 214 will be prepared for Reserve Component (RC) Soldiers ordered to ADT for 90 days or more. It also provides that a DD Form 214 will be prepared tor reflect information that is in effect at the time the DD Form 214 is issued. Events that occur subsequent to the effective date of the DD Form 214 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. 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.
2. The applicant was properly issued a DD Form 214 upon completion of her ADT and was returned to her USAR unit.
3. She continued to serve in the USAR for the duration of her enlistment contract and the available records failed to show that she was ordered to ADT for a period of 90 days or more during her enlistment.
4. The applicable regulation provides that in order for a DD Form 214 to be issued to a RC Soldier, the Soldier must be ordered to ADT for a period of 90 days or more. Therefore, in the absence of such evidence, there appears to be no basis to grant her request.
5. However, the applicant is not precluded from requesting a Statement of Service from the National Personnel Records Center in order to document her service.
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) AR20100020702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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