IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110022075
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 (Certificate of Release or Discharge from Active Duty) for the period ending 10 August 2006 to show:
* his rank and pay grade as "SPC" and "E4"
* his Servicemembers' Group Life Insurance (SGLI) Coverage as $400,000 instead of $300,000
* in item 11 (Primary Specialty), 5 years and 8 months
* deployed service of 13 months
* his mailing address after separation as: 9Win--- Ct., Aurora, IL 60504
2. As a secondary issue, he requests an explanation as to why item 16 (Days Accrued Leave Paid) of his DD Form 214 shows he had no accrued leave for which he was being paid.
3. He states he is not sure of the reason for the error.
4. He provides his DD Form 214 for the period ending 10 August 2006.
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. He asks why item 16 of his DD Form 214 shows "0." This information is provided by the local finance office. The Board only corrects military records; since he has not asked for a correction to this item, this portion of his request will not be discussed further in this Record of Proceedings.
3. On 10 March 2006, he enlisted in the U.S. Army Reserve (USAR).
4. On 20 March 2006, he entered active duty for training from his USAR unit for the purpose of completing initial active duty for training. On 10 August 2006, he was awarded the military occupational specialty 21W (Carpentry/Masonry Specialist) and released from active duty for training and returned to his USAR unit.
5. His DD Form 214 in question shows:
a. his rank and pay grade as "PV1" and "E01"
b. SGLI coverage of $300,000;
c. he served 0 years and 0 months in his primary specialty;
d. he served 4 months and 21 days net active service this period;
e. no deployed/mobilized service;
f. his mailing address after separation as: 464 T---- C-- , Au----, IL 60505. Item 21 (Signature of Member Being Separated) of this form shows he certified the entries on this document were correct with his signature.
6. His records maintained in the interactive Personnel Electronic Records Management System contain:
a. Orders 188-671 showing, on 7 July 2006, that his rank was "PV1";
b. Orders 09-295-00103, dated 22 October 2009, ordering him to active duty, on 14 January 2010, in support of Operation Iraqi Freedom; and
c. a DD Form 214 showing that he entered active duty from his USAR unit on 14 January 2010 and was released from active duty on 28 February 2011.
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
a. It states for item 11 of the DD Form 214 to enter the titles of all military occupational specialties served for at least 1 year and include for each military occupational specialty the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training.
b. It states for item 19a of the DD Form 214 that the entry will be provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 provided by the applicant covers his period of initial active duty for training ending on 10 August 2006.
a. He has provided no evidence to show the rank, pay grade, and SGLI coverage on the DD Form 214 he provided were incorrect when this form was completed.
b. At that time this form was completed he had not served any time in his primary specialty. As such, there is no error in this entry.
c. He was ordered to active duty for deployment in 2010. As such, this information would not be entered on his DD Form 214 for the period ending in 2006.
d. Regulatory policy prescribes that the Soldier will provide the mailing address after separation for entry in item 19a of their DD Form 214. He certified with his signature that the DD Form 214 containing the current entry was correct.
2. The ABCMR starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the
responsibility of the applicant. It is presumed the entries shown on his DD Form 214 were administratively correct at the time the form was completed. As such, there is no basis for granting his request.
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) AR20110022075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110022075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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