IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20110001089
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 the rank and pay grade shown on her DD Form 214 (Report of Transfer or Discharge) be corrected to show she was a private first class (PFC)/E-3 and that her drilling time be included as active duty.
2. The applicant states that she was discharged as a PFC so her DD Form 214 should be changed to show that rather than Private (PV2) E-2. Additionally, her total active service is not reflected on her DD Form 214. The basic training and school periods are there, but not her drilling time during the 3 years she served. She is applying for a federal civil service position and needs to show 180 days of active duty to qualify for Veterans Preference.
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. The 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 the 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's record shows she:
a. enlisted in the U.S. Army Reserve (USAR) for a period on 3 years on
24 April 1974.
b. on 16 August 1974, commenced a 16-week period of active duty for training (ADT) for basic training and advanced individual training (AIT).
c. completed the training and was honorably released to the USAR effective 13 December 1974.
d. was discharged from the USAR on 26 May 1977.
3. The DD Form 214 she was issued when she was honorably released to the USAR on 13 December 1974 shows in:
a. item 6a (Grade, Rate, or Rank) - PV2 and in item 6b (Pay Grade) - E-2,
b. item 18a (Net Active Service this Period) - 3 months and 28 days.
4. Her DA Form 20 (Enlisted Qualification Record) shows in:
a. item 33 (Appointments and Reductions):
* Private/E-1 Date of Rank: 24 April 1974
* Private/E-2 Date of Rank: 24 August 1974
* Private First Class/E-3 Date of Rank: 12 March 1975
* Specialist Four/E-4 Date of Rank: 1 November 1975
b. item 35 (Record of Assignments) that she was ordered to 4 months ADT per Letter Orders T-07-566, Headquarters, 1st Army, Fort Meade, MD, dated
31 July 1974.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It states:
a. the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
b. a DD Form 214 will be prepared for Reserve component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT) or for less than 90 days when awarded an MOS.
c. enter grade and pay grade at time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her rank at separation as PFC and her active service revised to include her USAR drilling time.
2. Her records show she was ordered to ADT for basic and AIT. She completed that training and was honorably released to the USAR. Accordingly, she was issued a DD Form 214 for the period of ADT. The period of active duty is shown as 3 months and 28 days (16 August - 13 December 1974).
3. There is no available evidence of any other active duty service. The governing regulation requires a minimum period of 90 days for issuance of a DD Form 214 to RC Soldiers performing ADT, unless they were awarded an MOS.
4. Furthermore, her DD Form 214 correctly shows her rank at the time of her release from active duty as PV2. She acquired additional rank in the USAR after she was released from active duty.
5. The DD Form 214 reflects her situation as of the date she was released from that period of active duty. It is not meant to be a summary of her entire service and could not reflect subsequent drill time.
6. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL SHEARING
___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 the 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 the case.
ABCMR Record of Proceedings (cont) AR20100021640
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ABCMR Record of Proceedings (cont) AR20110001089
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