IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001295
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 his promotions be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he received several promotions and but never received a final DD Form 214.
3. The applicant provides a copy of his 29 May 1982 DD Form 214.
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 U.S. Army Reserve (USAR) on 5 February 1982 and commenced his initial active duty for training (IADT) on 16 February 1982.
3. Upon completion of his IADT, he was awarded the military occupational specialty (MOS) 75D (Personnel Records Specialist).
4. On 29 May 1982, the applicant was released from active duty and returned to his USAR unit. The DD Form 214 issued at this time shows his rank and pay grade as a private one, E-1.
5. A DA Form 428 (Application for Identification Card), dated 14 June 1985, shows the applicant as a private two, E-2.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states:
a. the DD Form 214 is a summary of a Soldier's period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge; and
b. a DD Form 214 is issued for USAR Soldiers completing IADT that results in the award of an MOS, even when the active duty period was less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The record does not contain and the applicant has not provided any evidence that he was advanced to a pay grade above E-1 while on active duty or that he had any active duty service warranting the issuance of a second DD Form 214.
2. The only change of pay grade referenced in the applicant's record occurred three years after his release from active duty.
3. Army Regulation 635-5 makes clear that a DD Form 214 is only issued at the end of a period of active duty.
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) AR20120001295
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ABCMR Record of Proceedings (cont) AR20120001295
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