BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100030315
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was a drill sergeant.
2. He states he served in the U.S. Army Reserve (USAR) as a drill sergeant from 1981 to 1984.
3. He provides his DD Form 214, a Certificate of Graduation for Drill Sergeant School, two certificates of recognition, and two letters of commendation.
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 Regular Army on 5 June 1978. He was honorably released from active duty on 4 June 1981 and transferred to the USAR Control Group (Reinforcement).
3. On 31 March 1983, the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, issued Orders C-03-007152 relieving him from the USAR Control Group (Reinforcement) and assigning him to Company C, 3d Battalion, 385th Regiment, 2d Brigade (Basic Training), Fairfield, CT, effective 10 February 1983.
4. His DA Form 2-1 (Personnel Qualification Record) shows he served with Company C, 3d Battalion, 385th Regiment, 2d Brigade (Basic Training) as a drill sergeant from 10 February 1983 to 7 June 1987.
5. On 29 October 1984, Headquarters, 2d Brigade (Basic Training), 76th Division (Training), East Windsor, CT, issued Permanent Orders 9-2 awarding him the Drill Sergeants Badge for satisfactory completion of the Drill Sergeant Course.
6. On 8 June 1987, Headquarters, First U.S. Army, Fort George G. Meade, MD, issued Orders 102-31 relieving him from Company C, 3d Battalion, 385th Regiment, 2d Brigade (Basic Training), and assigning him to the USAR Control Group (Reinforcement) effective 8 June 1987.
7. On 23 May 1990, the U.S. Army Reserve Personnel Center, St. Louis, MO, issued Orders D-05-039109 honorably discharging him from the Ready Reserve effective 25 May 1990.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty in 1981 and received a DD Form 214 documenting his active duty service. He later served as a drill sergeant in the USAR.
2. He was not trained as nor did he serve as a drill sergeant during the period covered by his DD Form 214. Therefore, he is not entitled to correction of this document to show he was a drill sergeant.
3. The documents cited in the CONSIDERATION OF EVIDENCE section will be attached to this Record of Proceedings and he will receive a copy. He may use these documents as evidence of his service as a drill sergeant in the USAR.
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) AR20100030315
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100030315
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020492
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 January 1992 to show award of the: * Kuwait Liberation Medal * Valorous Unit Award 2. Although his records are void of evidence specifically placing him in Kuwait or Iraq, the Army Center of Military History shows 2d Battalion, 16th Infantry Regiment, was awarded the Valorous Unit Award for service in Iraq-Kuwait in 1991. Therefore, Permanent Orders 7-28...
ARMY | BCMR | CY2012 | 20120011087
The applicant requests an upgrade of his discharge under other than honorable conditions to general under honorable conditions and a copy of his service records. The ABCMR corrects records; however, the Board is not the custodian of military records and therefore does not provide copies of military records. The applicant was required to attend all scheduled unit training assemblies and annual training periods and he was required to find a new Reserve unit in Delaware.
ARMY | BCMR | CY2002 | 2002075143C070403
The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to show he earned three Army Achievement Medals (AAMs); that he served in the Individual Ready Reserve (IRR) U. S. Army Reserve Control Group (USAR) (Reinforcement), not the inactive Reserve, for three years; that he trained at Fort Sill, OK as a Reserve drill sergeant and completed correspondence courses; that he was promoted to Staff Sergeant. The DD Form 214 is meant to be a...
ARMY | BCMR | CY2009 | 20090013819
The applicant requests the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 34 weeks of active duty for training (ADT). On 11 June 1983, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders T-06-318967, ordering the applicant to ADT for a period of 61 days, effective 11 August 1983 (later amended to show 11 July 1983), completion of the Medical Services Officer Basic Course with attachment...
ARMY | BCMR | CY2014 | 20140011653
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, removal of records pertaining to unexcused absences from his Official Military Personnel File (OMPF). The evidence shows unexcused absence/unsatisfactory participation notifications are authorized to be filed in the applicant's OMPF.
ARMY | BCMR | CY2009 | 20090012552
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 May 1992 to show award of the Korea Defense Service Medal, the Combat Infantryman Badge, and the Meritorious Service Medal. This regulation provides that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The evidence...
ARMY | BCMR | CY2014 | 20140020048
On 26 January 1988, the OKARNG published Orders 19-14 discharging the applicant from the OKARNG with an under honorable conditions discharge, effective 8 February 1988 and transferring him to the USAR Control Group (IRR), in accordance with paragraph 8-27g of NGR 600-200. On 5 August 1989, Headquarters, 1st Battalion, 377th Infantry Regiment, published Orders 08-01 reducing the applicant from SP4/E-4 to private first class (PFC)/E-3 effective 5 August 1989 in accordance with Army Regulation...
ARMY | BCMR | CY2009 | 20090017734
There is no record that the Board received this application. Based on his continued duty performance, completion of required officer professional development training, and his demonstrated potential for positions of increasing responsibility, the applicant was promoted to lieutenant colonel in the Military Intelligence Branch of the Army Reserve on 13 March 2006. The statute, which is applicable to all commissioned officers of the Armed Forces, states officers in the rank of lieutenant...
ARMY | BCMR | CY2008 | 20080013957
The applicant contends that he is entitled to correction of his records to show award of the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and several other State ribbons/awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the applicant is entitled to the Army Service Ribbon. As a result, the Board recommends denial of so much of the...
ARMY | BCMR | CY2009 | 20090021816
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his subsequent service in the United States Army Reserve (USAR). The DD Form 214 serves to document service up to the date an individual is REFRAD or discharged from active duty. 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.