IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120000360
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, in effect, item 12i (Reserve Obligation Termination Date) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 October 1984 be corrected.
2. The applicant states:
* the Reserve obligation termination date shown on his DD Form 214 is
24 February 1990
* his retirement points statement shows he served in the U.S. Army Reserve (USAR) from 25 February 1984 through 24 February 1995
* he was discharged from the USAR on 28 March 1995
* his initial contract was for 3 years, he reenlisted for a term of 6 years
* 3 years of the 6-year term was spent in the Individual Ready Reserve (IRR)
* Both Reserve term obligations were completed successfully, all 9 years
* Due to this error, his veteran benefits/status and/or compensation was jeopardized
3. The applicant provides:
* USAR Chronological Statement of Retirement Points
* DD Form 214 for the period ending 12 October 1984
* USAR Honorable Discharge Certificate
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 USAR on 25 February 1984 for period of 6 years with a Military Service Obligation (MSO) date of 24 February 1990. He was honorably discharged from the USAR on 21 March 1987 for immediate reenlistment.
3. Item 12i of his DD Form 214 for the period ending 12 October 1984 shows the entry "90 02 24" (24 February 1990).
4. He reenlisted in the USAR on 22 March 1987 for a period of 6 years.
5. On 28 March 1995, he was honorably discharged from the USAR.
6. Army Regulation 635-5 (Separation Documents) states the reserve obligation termination date will be entered in item 12i of the DD Form 214. This is the completion date of the statutory MSO incurred by a Soldier on initial enlistment or appointment in the Armed Forces. The MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or the USAR to include the Delayed Entry Program.
DISCUSSION AND CONCLUSIONS:
Evidence shows he enlisted in the USAR on 25 February 1984 for a period of
6 years with an MSO date of 24 February 1990. His DD Form 214 for the period ending 12 October 1984 correctly shows his MSO date is 24 February 1990. The MSO is the statutory service obligation date; not a contractual service obligation date. Therefore, there is insufficient evidence on which to amend item 12i of his DD Form 214 for the period ending 12 October 1984.
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) AR20120000360
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