IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010430
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) for the period ending 1 April 1988 to show her total service.
2. The applicant states:
* her DD Form 214 does not show the correct time in service
* she got out of the military in April 1988
* the paperwork shows there was a break in service
* there are periods of her service not shown on her DD Form 214
* she was in the Army for 5 years
3. The applicant provides:
* Department of Veterans Affairs (VA) Statement of the Case, dated 30 December 2009
* 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 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) on 15 April 1983 for a period of 6 years. She was ordered to active duty for training on 12 August 1983. She completed her training and was awarded military occupational specialty 76C (equipment records and parts specialist). She was released from active duty to the control of the USAR on 19 December 1983.
3. Her DD Form 214 for the period ending 19 December 1983 shows in:
* item 12a (Date Entered Active Duty This Period) the entry "83 08 12 [12 August 1983]"
* item 12b (Separation Date This Period) the entry "83 12 19 [19 December 1983]"
* item 12c (Net Active Service This Period) the entry "00 04 08 [4 months and 8 days]"
* item 12e (Total Prior Inactive Service) the entry "00 03 27 [3 months and 27 days]" (her prior service in the USAR)
4. She enlisted in the Regular Army on 4 October 1984 for a period of 3 years. On 1 April 1988, she was honorably released from active duty due to pregnancy.
5. Her DD Form 214 for the period ending 1 April 1988 shows in:
* item 12a the entry "84 10 04 [4 October 1984]"
* item 12b the entry "88 04 01 [1 April 1988]"
* item 12c the entry "03 05 28 [3 years, 5 months, and 28 days]"
* item 12d (Total Prior Active Service) the entry "00 04 08 [4 months and 8 days]"
* item 12e the entry "01 01 11 [1 year, 1 month, and 11 days]"
6. She provided a VA document which shows she had honorable military service from:
* 12 August 1983 to 19 December 1983
* 4 October 1984 to 1 April 1988
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she never had a break in service and her DD Form 214 for the period ending 1 April 1988 should be corrected to show she served 5 years.
2. The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of active Army service at the time of her separation from active duty.
3. The evidence of record shows she enlisted in the USAR on 15 April 1983. After serving 3 months and 27 days in the USAR, she was ordered to active duty for training on 12 August 1983. She was released from active duty to the control of the USAR on 19 December 1983 after completing 4 months and 8 days of active service which is properly reflected on her DD Form 214 for the period ending 19 December 1983. A copy of the applicant's DD Form 214 for the period ending 19 December 1983 will be provided with this Record of Proceedings.
4. After completing 1 year, 1 month, and 11 days of inactive service and 4 months and 8 days of active duty service in the USAR, she enlisted in the Regular Army on 4 October 1984. She was released from active duty on 1 April 1988 after completing 3 years, 5 months, and 18 days of creditable active service during this period, which is properly reflected on her DD Form 214 for the period ending 1 April 1988. Since her total prior service in the USAR, including her period of active duty for training, is shown on this DD Form 214, there is no basis for granting the 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) AR20120010430
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010430
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004386
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 November 1984 to show: * her rank as sergeant (SGT) at the time of separation from the U.S. Army Reserve (USAR) * she was awarded military occupational specialty (MOS) 95B (Military Police) and 97B (Counter Intelligence Agent) * she completed Drill Sergeant School * 179 days of active service with the 98th Division 2. She states her DD Form 214 is missing: *...
ARMY | BCMR | CY2010 | 20100018123
The applicant's record shows: a. on 2 March 1982 she enlisted in the U.S. Army Reserve (USAR) and she was ordered to active duty for split option training; b. from 24 May 1982 to 17 July 1982 she attended basic training at Fort Jackson, SC; c. in Orders Number 40-7, issued by the Military Entrance Processing Station, Nashville, TN, dated 25 February 1983, she was ordered to active duty to attend advanced individual training in MOS 72E; d. in Orders Number 106-143, issued by Headquarters,...
ARMY | BCMR | CY2008 | 20080014947
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her separation from active duty. Evidence of record shows the applicant enlisted in the USAR on 4 May 1982 and that she was ordered to active duty for MOS training (9-week photo lithographer course) on 24 May 1983. She was released from active duty on 28 July 1983, and in accordance with the governing regulation, item 14 on her DD Form 214 for the period ending 28...
ARMY | BCMR | CY2013 | 20130021077
The applicant requests, in effect, correction of the entries in item 12d (Total Prior Active Service) of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 24 August 1987 and 23 June 1988. It stated that personnel officers were to use any available records to complete the DD Form 214. The record clearly shows that the applicant had active service prior to serving as an AGR Soldier from 6 June 1986 to 24 August 1987.
ARMY | BCMR | CY2013 | 20130014588,
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 19 August 1988, to show she entered active duty in Texas (TX). The applicant states, in effect: * she entered military service in 1979 in Cleveland, Ohio (OH) * she completed her service in the Regular Army (RA) and was honorably separated on 28 May 1982 * in July 1983, she was ordered to active duty at Fort Sam Houston, TX * she had been a resident of Texas...
ARMY | BCMR | CY2009 | 20090014035
The applicant requests, in effect, correction of Item 12c (Net Service This Period) and Item 12e (Total Prior Inactive Service) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 June 2009. The statement also shows she served continuously in the USAR not on active duty from 24 June 1982 to 3 June 2005, a period of 22 years, 11 months, and 11 days. The evidence shows the applicant enlisted in the USAR, not on active duty, on 24 June 1982 and...
ARMY | BCMR | CY2010 | 20100018129
The applicant requests correction of item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 September 1979 instead of 8 June 1984. The applicant provides a DD Form 214. She completed 4 years, 8 months, and 27 days of creditable active military service during this period of initial enlistment.
ARMY | BCMR | CY2001 | 2001065431C070421
The applicant requests that her Certificate of Release or Discharge from Active Duty, DD Form 214, for the period ending 24 June 1991 be corrected to show she had continuous service from 30 April 1981 to 1 July 1991, to add the Volunteer Service Ribbon, to show that she is entitled to wear the numeral 2 with the Noncommissioned Officer Professional Development Ribbon (NPDR), and to add the three unit supply specialist courses she attended. She provides her DD Form 214 for the period ending...
ARMY | BCMR | CY2005 | 20050009020C070206
It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. It further shows that she was credited with zero points for the period 27 August 1984 through 8 May 1987. The evidence of record shows that the applicant was credited with 73 retirement points during the period 2 December 1983 through 26 August 1984 and had completed 8 months and 25 days of service, which was a partial qualifying year for retirement purposes.
ARMY | BCMR | CY2009 | 20090003711
The applicant's record contains a DD Form 214 that shows while a member of the USAR, she entered active duty on 22 May 1989. The evidence further confirms that when the applicant was issued her DD Form 214, on 19 April 1993, the she had completed a total of 6 years, 3 months, and 29 days of prior inactive service. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.