BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100024784
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 June 1992 be corrected to show his basic training (BT).
2. He states, in effect, that he enlisted on 21 May 1991 under the Split Option Training Program (SOTP). He attended BT from 5 June through 9 August 1991. However, his DD Form 214 does not reflect this period of training. He states his DD Form 214 only gives him credit for AIT, which he attended from 10 June through 1 September 1992 and he was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. He provides a copy of his DD Form 214; a letter from the U.S. Army Training Center and Fort Jackson, SC; and a U.S. Army Training Certificate, dated
8 August 1991.
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. On 21 May 1991, the applicant enlisted in the U.S. Army Reserve (USAR) for 8 years, and MOS 91B.
3. Orders 099-001 issued by the Military Entrance Processing Station, Albuquerque, NM, dated 31 May 1991, show he was ordered to initial active duty for training (IADT) for approximately 9 weeks under the alternate SOTP effective 5 June 1991.
4. On 9 August 1991, the U.S. Army Training Center, Fort Jackson, SC issued him a letter showing he completed BT during the period 5 June through 9 August 1991 while in a USAR status. The letter was issued in lieu of a DD Form 220 (Active Duty Report), in accordance with Army Regulation 635-5 (Separation Documents), paragraph 2-13e.
5. He was issued a DD Form 214 for active duty training (ADT) from 10 June to 1 September 1992 which was the second part of his SOTP. Item 11 (Primary Specialty) shows the entry "91B10 MEDICAL SPECIALIST." Item 23 (Type of Separation) shows the entry "RELEASED FROM ADT."
6. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. It is a summary of a Soldiers most recent period of continuous active service and provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
7. Army Regulation 635-5, paragraph 12e, in effect at the time states that a
DD Form 220 is issued upon completion of the BT portion for members enlisted under the USAR SOTP and the Army National Guard of the United States (ARNGUS) Alternate Training Program. When a DD Form 220 is not available, provide the same data by letter. The regulation further states that a DD Form 214 would be prepared for all personnel after completing IADT, which resulted in the award of an MOS, even though the active duty was less than 90 days. This includes completion of AIT under the ARNGUS Alternate Training Program or USAR SOTP.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to reflect his BT. However, the available evidence shows he enlisted in the USAR on
21 May 1991, under the SOTP, which means his BT and AIT would be split. On
9 August 1991, he was issued a letter which shows he completed BT from
5 June to 9 August 1991. He was later issued a DD Form 214 under the SOTP after completing AIT for the period 10 June to 1 September 1992.
2. In accordance with Army Regulation 635-5, he was properly issued a letter upon completion of BT under the SOTP. When he completed AIT, he was awarded MOS 91B under the SOTP and he was issued a DD Form 214. Therefore, it appears the applicant's service is correctly documented.
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) AR20100024784
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ABCMR Record of Proceedings (cont) AR20100024784
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