IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20110012353
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Reserve Components Achievement Medal and completion of the Primary Leadership Development Course (PLDC).
2. The applicant states the award and service course were omitted from his DD Form 214.
3. The applicant provides a memorandum and a diploma.
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's records show he enlisted in the U.S. Army Reserve (USAR) on 14 April 1970. He entered initial active duty for training (IADT) on 28 August 1970 and he completed basic training and advanced individual training at Fort Jackson, SC, and was awarded military occupational specialty 94B (Cook).
3. He was honorably released from IADT on 25 December 1970 and he was transferred to his Reserve unit. The DD Form 214 he was issued shows he completed 4 months of creditable active service.
4. His records contain Order Number 98-22, dated 6 June 1980, issued by Headquarters, 78th Division (Training), USAR Center, Edison, NJ, which shows he was ordered to annual training on 15 June 1980 for 14 days to attend the First U.S. Army Noncommissioned Officer (NCO) Academy, Fort Pickett, VA.
5. The applicant provides a memorandum, dated 9 October 1974, wherein he was awarded the Army Reserve Components Achievement Medal. He also provides a diploma, dated 28 June 1080, which shows he graduated on that date from PLDC
at First U.S. NCO Academy, Fort Pickett, VA.
6. 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 Soldier's 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 evidence of record shows the applicant served on IADT from 28 August through 25 December 1970. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. There are no provisions for adding awards or service schools to the DD Form 214 which were awarded or a Soldier completed after the Soldier was released from active duty. Therefore, he is not entitled to the 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) AR20110012353
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ABCMR Record of Proceedings (cont) AR20110012353
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