IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110014037
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 date of discharge from the U.S. Army Reserve (USAR).
2. The applicant states:
* his date of discharge from the USAR should be 14 January 1995, 8 years from the date of his enlistment (15 January 1987)
* his USAR service should not have continued past that date
* he served a single enlistment and did not execute an enlistment extension
* he was commissioned in the U.S. Coast Guard in May 1995
* the incorrect date has negatively affected his retirement because of when drills were performed
3. The applicant provides:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* memorandum, U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 6 December 1994
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
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 for an 8-year term on 15 January 1987.
3. On 4 June 1987, he entered initial active duty for training for the purpose of attending basic combat training and was released upon completion on 7 August 1987.
4. On 13 June 1988, he entered active duty for training for the purpose of attending advanced individual training in military occupational specialty 62J (General Construction Equipment Operator) and was released upon completion on 12 August 1988.
5. Item 12i (Record of Service Reserve Obligation Termination Date) of his DD Form 214 contains the entry "95 01 14."
6. Orders 21-02, Headquarters, 377th Theater Army Area Command, New Orleans, LA, dated 6 May 1992, transferred him to the U.S. Army Reserve Control Group (Reinforcement) effective 10 May 1992.
7. Orders D-06-549100, ARPERCEN, dated 13 June 1995, honorably discharged him from the USAR effective 13 June 1995.
8. His record does not contain any documentation regarding his commissioning in the U.S. Coast Guard.
9. He provides an unsigned DA Form 4836. His available record does not contain any completed documents that would have extended his contractual expiration of term of service (ETS).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his effective date of discharge from the USAR should be changed to 14 January 1995, 8 years after his date of enlistment.
2. The evidence of record shows he enlisted in the USAR for an 8-year term on 15 January 1987. His records correctly reflect his Reserve Obligation Termination Date as 14 January 1995; however, his contractual ETS may have been adjusted to a later date, dependent upon his execution of an extension document.
3. His available record is void of a completed and facially-correct extension document; however, administrative regularity must be presumed in the absence of clear and compelling evidence of an error in his contractual ETS date.
4. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20100020194
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ABCMR Record of Proceedings (cont) AR20110014037
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