IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120006162
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank and pay grade as specialist four (SP4)/E-4 and a different mailing address after separation.
2. The applicant states her unit did not keep very good records. She was a SP4 when her obligation ended and she never lived at the address shown on her DD Form 214.
3. The applicant provides a copy of orders, dated 2 November 1992, reassigning her from a U.S. Army Reserve (USAR) unit assignment and transferring her to the USAR Control Group (Reinforcement).
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. On 5 January 1984, the applicant enlisted in the USAR for 6 years. She entered Reserve service in pay grade E-3 based upon her civilian education and her agreement to participate in an USAR unit that was authorized to accept such advanced pay grade recruits.
3. The address shown on her enlistment contract is also shown on her DD Form 1966 (Application for Enlistment) and as her address on the accompanying college transcript. It is also listed as her mother's address on the DD Form 1966.
4. Her DD Form 214 was issued on 30 August 1985 upon her completion of 2 months and 6 days of initial active duty for training (IADT). Her rank and pay grade are shown as private first class (PFC)/E-3. Item 19 (Mailing Address After Separation) shows the identical address described above. She signed the DD Form 214 as the person being separated.
5. The applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows she was advanced to SP4/E-4 effective 8 March 1986.
6. The USAR reassignment orders she submitted with her application show she was serving as a specialist when she was transferred to the USAR Control Group (Reinforcement).
7. Army Regulation 635-5 (Separation Documents), paragraph 2-1, states, "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. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service."
DISCUSSION AND CONCLUSIONS:
1. The applicant provided no pertinent evidence to support her application.
2. The DD Form 214 issued upon the applicant's release from IADT reflects information that matches that provided by other documents at that point in time.
3. The DD Form 214 is intended to reflect only her period of active duty, not her entire military career.
4. She was not advanced to SP4/E-4 until almost a year after she was released from IADT.
5. Whether or not the applicant actually lived at the address shown on her DD Form 214, it is the address she provided on her application for enlistment and her enlistment contract.
6. In view of the foregoing, 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) AR20120005920
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ABCMR Record of Proceedings (cont) AR20120006162
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