IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110010617
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 discharge date from the U.S. Army Reserve (USAR).
2. The applicant states she is now ill and disabled and needs her record corrected for herself and her family.
3. The applicant provides no additional evidence.
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 applicant's 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 applicant's 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 on 28 July 1986 and entered initial active duty for training (IADT) on 7 October 1986. She completed training in military occupational specialty (MOS) 91A (medical specialist). Her DD Form 214 for the period ending 27 March 1987 shows she was released from IADT upon completion of MOS training and returned to her USAR unit.
3. The applicant sustained pelvic stress fractures during IADT and she sprained her wrist and strained her back in June 1988 when she tripped over a tent stake at another training location. In both instances, line-of-duty investigations determined the injuries had occurred in the line of duty.
4. In June 1992, she was determined not to meet retention standards. She agreed with the decision and was discharged from the USAR on 6 November 1992.
5. Army Regulation 635-5 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 release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is meant to reflect a Soldiers status at the time of separation from active duty. It is not intended to be used to document the end of a Reservist's membership in the USAR. There is no basis upon which to change the applicants DD Form 214.
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 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) AR20110005933
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110010617
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