Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120010569
Original file (20120010569.txt) Auto-classification: Denied

		
		BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120010569 


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, in effect, he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his service in the U.S. Army Reserve (USAR) from 15 January 1975 to 1 September 1982 and that his rank be shown as staff sergeant. 

2.  The applicant states:

* a DD Form 214 was not issued at the time of his discharge from the USAR in 1982
* he requests the issuance of a DD Form 214 that includes his total service time and rank at the time of his discharge
* a final DD Form 214 is needed for Department of Veterans Affairs benefits 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* Certificates of training
* DA Form 2-1 (Personnel Qualification Record)
* Certificate of correspondence course completion
* Reassignment orders
* USAR discharge orders



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 was inducted into the Army of the United States on 15 February 1967.  He served as a radio operator and he was honorably released from active duty on 12 October 1968 and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  He was issued a DD Form 214 covering the period 15 February 1967 through 12 October 1968.  He was discharged from the USAR on 14 February 1973.

3.  He enlisted in the USAR on 15 January 1975.  He remained in the USAR through continuous reenlistments until he was honorably discharged in the rank of staff sergeant on 1 September 1982.

4.  There is no evidence of record which shows he completed 90 days or more of continuous active duty during the period 15 January 1975 to 1 September 1982.

5.  Army Regulation 635-5 (Separation Documents) states a DD Form 214 will be prepared for all reserve component (RC) personnel after completing 90 days or more of continuous active duty for training, full-time training duty, or active duty support, and after completing initial active duty for training which resulted in the award of a military occupational specialty, even though the active duty was less than 90 days.

CONCLUSIONS:

Since there is no evidence of record which shows the applicant completed 
90 days or more of continuous active duty during the period 15 January 1975 to 
1 September 1982, and in accordance with the governing regulation, there is no basis for granting his 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)                                         AR20120010569





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010569



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080010150

    Original file (20080010150.txt) Auto-classification: Denied

    The applicant states, in effect, that his DD Form 214 should be corrected to show his correct active duty time. The evidence shows the applicant enlisted in the Regular Army on 17 June 1975 and continued to serve until he was honorably discharged on 30 January 1978, for immediate reenlistment. Therefore, there is no basis to change item 12b, of his DD Form 214, dated 30 March 1982 to show the entry "82 03 31" (31 March 1982).

  • ARMY | BCMR | CY2010 | 20100021092

    Original file (20100021092.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 30 April 1982 to show 6 January 1983 as an active duty day. 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. The applicant underwent his medical examination on 6 January 1983 in an...

  • ARMY | BCMR | CY2013 | 20130007957

    Original file (20130007957.txt) Auto-classification: Denied

    The applicant requests the issuance of an "Honorable Discharge Medal" and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant does not provide any evidence. There is no evidence he performed any active service of at least 90 consecutive days that would have qualified him for the issuance of a DD Form 214.

  • ARMY | BCMR | CY2004 | 2004103238C070208

    Original file (2004103238C070208.doc) Auto-classification: Denied

    It states, in pertinent part, that a DD Form 214 will be prepared on Reserve Component (RC) soldiers who complete 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. The evidence of record confirms the applicant completed a total of 8 years and 20 days of RC military service in the OARNG and USAR, which included 6 months of active duty service for which he was...

  • ARMY | BCMR | CY2009 | 20090021202

    Original file (20090021202.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he held the rank/grade of staff sergeant (SSG)/pay grade E-6 instead of specialist four (SP4)/pay grade E-4 at the time of release from active duty. His record contains no evidence and he has failed to provide evidence showing he was promoted to the rank of SSG/E-6 during the period of active duty service covered by his DD Form 214. Evidence shows the applicant was promoted to SSG/E-6 in...

  • ARMY | BCMR | CY2013 | 20130009829

    Original file (20130009829.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist four (SP4)/ E-4. Reserve Component (RC) Soldiers completing 90 days or more of continuous Active Duty Training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service. The available evidence shows he was promoted to SP4/E-4 on 31 January 1983 during his Reserve service...

  • ARMY | BCMR | CY2011 | 20110008502

    Original file (20110008502.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in the U.S. Army Reserve (USAR) * his rank/grade of staff sergeant (SSG)/E-6 * completion of military occupational specialty (MOS) 16S Stinger Crewman Transition Training Course * 6 months of training overseas 2. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states: * items 4a and 4b show the active duty rank and...

  • ARMY | BCMR | CY2011 | 20110013742

    Original file (20110013742.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to add: * his U.S. Army Reserve (USAR) service and USAR pay grade * all medals, awards, and ribbons 2. The applicant provides his DD Form 214. There is no indication he performed any periods of active duty between the date he was released from active duty on 30 October 1975 and the date he was discharged from the USAR on 21 December 1981 which would have warranted the issuance of a DD Form 214.

  • ARMY | BCMR | CY2012 | 20120011087

    Original file (20120011087.txt) Auto-classification: Denied

    The applicant requests an upgrade of his discharge under other than honorable conditions to general under honorable conditions and a copy of his service records. The ABCMR corrects records; however, the Board is not the custodian of military records and therefore does not provide copies of military records. The applicant was required to attend all scheduled unit training assemblies and annual training periods and he was required to find a new Reserve unit in Delaware.

  • ARMY | BCMR | CY2012 | 20120000331

    Original file (20120000331.txt) Auto-classification: Denied

    His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), section II (Agreements), dated 8 May 1979, shows: * "reenlisted for Army Service School/Army Training Center Option" * "no waiver" * "SRB [selective reenlistment bonus]: 0" * "RCN [reenlistment control number]: 850684" * "67V1O Observation/Scout Helicopter Repairer (D67V)" b. The advisory opinion stated the applicant enlisted in the Army on 8 May 1979 for MOS 67V as a prior-service applicant. There is...