BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003729
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) to show he was honorably discharged in the rank/pay grade of private first class (PFC)/E-3 on 4 February 2004.
2. The applicant states the DD Form 214 provided to him by the National Personnel Records Center in St. Louis, MO, has not been updated since his release from active duty on 12 February 1997.
3. The applicant provides:
* DD Form 214 for the period ending 13 February 1997
* Orders D-02-403436, dated 4 February 2004
* Honorable Discharge Certificate, dated 4 February 2004
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 U.S. Army Reserve (USAR) in the rank/grade of PFC/E-3 for a period of 8 years on 2 February 1996.
3. He entered active duty for training (ADT) on 26 September 1996 and completed training and was awarded military occupational specialty 38A (Civil Affairs Specialist).
4. He was honorably released from active duty to the control of his Reserve unit in the rank/pay grade of PFC/E-3 on 13 February 1997. His DD Form 214 shows he completed 4 months and 18 days of active service.
5. He was promoted to the rank/pay grade of specialist (SPC)/E-4 in the USAR on 1 August 1997 while assigned to the 448th Civil Affairs Battalion.
6. There is no indication he performed any subsequent period of active service of 90 continuous days or more which would have required the issuance of a DD Form 214.
7. He provided Orders D-02-403436 and an Honorable Discharge Certificate, both dated 4 February 2004, showing he was honorably discharged from the USAR on 4 February 2004 in the rank of SPC upon completion of his 8-year service obligation.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent 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 is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 will be prepared for each Soldier as indicated below.
a. Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;
b. Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty;
c. Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty. A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision; and
d. RC Soldiers completing initial ADT that results in the award of an MOS, even when the active duty period was less than 90 days. This includes completion of AIT under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered ADT on 26 September 1996 and he was honorably released from ADT in the rank/pay grade of PFC/E-3 on 13 February 1997. Aside from this period of active duty for which a DD Form 214 was issued there is no evidence he performed any other active service of at least 90 consecutive days which would have qualified him for the issuance of a DD Form 214.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. Therefore, there is no basis for granting the applicant's 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 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) AR20120003729
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