IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110002341
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her missing time and training.
2. The applicant states, in effect, she completed training that is not shown on her DD Form 214. She also states that the time she served in the Army from 1986 through 1988 is not shown on her DD Form 214. She states her health is declining and she is in need of assistance.
3. The applicant provides:
* a letter from the National Personnel Records Center, St. Louis, MO, dated 12 January 2011
* her DD Form 214
* her DA Form 2-1 (Personnel Qualification Record - II) prepared on 13 July 1982 and reviewed on 12 April 1986
* Orders D-05-043058, issued by the U.S. Army Reserve Personnel Center, St. Louis, dated 25 May 1988
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 U.S. Army Reserve (USAR) on 24 May 1982. She was ordered to active duty for training (ADT) effective 9 July 1982. She successfully completed training and she was awarded military occupational specialty 75B (personnel administration specialist).
3. On 29 October 1982, she was honorably released from ADT and she was returned to her USAR unit in Wilmington, DE.
4. Item 12a (Date Entered on Active This Period) on her DD Form 214 shows she entered active duty on 9 July 1982. Item 12b (Separation Date This Period) shows she was released from ADT on 29 October 1982. Item 12c (Net Active Service This Period) shows she completed 3 months and 21 days of active service during the period covered by the DD Form 214.
5. Item 14 (Military Education) of the applicants DD Form 214 shows she completed a 7-week Personnel Administration Specialist (75B) Course in October 1982.
6. The applicants record does not show any additional active duty service. She was honorably discharged from the USAR on 24 May 1988.
7. Army Regulation 635-5 (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. It provides a brief, clear-cut record of active Army service at the time of released from active duty, retirement or discharge. It states for:
a. Item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
b. Item 12b, enter the ending date of the continuous period of active duty for issuance of this DD Form 214.
c. Item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b.
d. Item 14, list in-service training courses; title, number of weeks, year successfully completed during this period of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was ordered to ADT effective 9 July 1982. She completed training as a personnel administration specialist and she was returned to her USAR unit to complete her service obligation.
2. Her DD Form 214 for the period ending 29 October 1982 appropriately shows her active duty service and the training she completed while she was on active duty. The service she completed from 1986 through 1988 was not service on active duty; therefore, it is appropriately not shown on a DD Form 214.
3. The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits from another agency. The granting of veteran's benefits is not within the purview of the ABCMR. Therefore, any questions regarding eligibility for health care and other benefits should be addressed to the Department of Veterans Affairs.
4. 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 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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20110002341
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