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IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007968
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 update of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 August 1982 to reflect her correct rank, military occupational specialty, years of service, decorations, military education and foreign service.
2. The applicant states her DD Form 214 does not reflect her advancement in grade, accomplishments, decorations, or foreign service. She goes on to state the DD Form 214 is a special document and it should reflect her service as a veteran.
3. The applicant provides:
* DD Form 214
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 22 February 1988
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 3 December 1981
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 18 November 1984
* DA Form 2-1 (Personnel Qualification Record), prepared on 3 December 1981 and last reviewed by the applicant on 21 April 1987
* Standard form (SF) 601 (Immunization Record)
* SF 608 (Health Record Dental)
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 Illinois Army National Guard (ILARNG) on 3 December 1981 for a period of 6 years. She was ordered to initial active duty for training (IADT) on 29 March 1982 and was transferred to Fort McClellan, AL for her basic training. She completed her basic training and she was transferred to Fort Jackson, SC for her advanced individual training (AIT) in military occupational specialty 71L (administrative specialist).
3. She completed her AIT and she was honorably released from IADT on
24 August 1982. She was returned to her ILARNG unit. The DD Form 214 she was issued at the time shows she completed 4 months and 26 days of net active service during this period.
4. On 18 November 1984, the applicant was advanced to the rank/grade of specialist four (SP4)/E-4. On 22 February 1988, she was honorably discharged from the ILARNG under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management) by reason of unsatisfactory participation. She was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete her remaining Reserve obligation. She was issued an NGB Form 22 that appropriately reflects her rank, service, education, and awards. It does not provide a field for entry of foreign service. Additionally, her official record shows and she did not provide any evidence of foreign service performed during her military service.
5. On 5 December 1990, the applicant was honorably discharged from the USAR in the rank/grade of specialist (SPC)/E-4.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the effective date of the DD Form 214 are not authorized for retroactive entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be updated to reflect her service and complete military accomplishments has been noted and found to lack merit.
2. The DD Form 214 is prepared to reflect information that is current and in effect at the time of release or discharge from active duty. Changes that occur subsequent to the issuance of the DD Form 214 are not authorized for retroactive entry on the DD Form 214.
3. The applicant's NGB Form 22 serves to reflect her accomplishments in the ILARNG; therefore, there is no error or injustice in her case.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20120007968
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ABCMR Record of Proceedings (cont) AR20120007968
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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