IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120011952
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 the discharge date on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 21 July 1999.
2. She states, in effect, the documents she provided proves she completed basic training, was promoted, and show her hospital visits after the date of discharge listed on the DD Form 214. She also states she thought that having an uncharacterized discharge was based on her being a reservist.
3. She provides the following:
* DD Form 214
* Certificates of Training, dated 14 November 1991 and undated
* Certificate of Achievement, dated 10 February 1992
* Certificate of Service, dated 18 December 1991
* DA Forms 4187 (Personnel Action), dated 16 November 1991, 20 March 1992, and 22 July 1992
* DA Form 2173 (Statement of Medical Examination and Duty Status), dated 18 June 1996
* Congressional correspondence
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 applicants 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 applicants 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) for 8 years on 22 July 1991. On 3 September 1991, she was ordered to active duty for training.
3. A certificate from the United States Army Training Center, Fort Jackson, SC, shows she successfully completed basic training on 14 November 1991.
4. Orders 351-238, dated 17 December 1991, issued by the U.S. Army Combined Arms Support Command, Fort Lee, VA, show she was awarded military occupational specialty 76C (Equipment Records and Parts Specialist) effective 11 February 1992 or upon course completion.
5. On 18 December 1991, and 10 February 1992, the applicant was awarded a Certificate of Service and a Certificate of Achievement, respectively, for outstanding performance of duty.
6. On 11 February 1992, she was released from active duty and transferred to 339th General Hospital, Pittsburgh, PA. Her DD Form 214 shows she received an uncharacterized description of service and was credited with 5 months and
9 days of active service.
7. The applicant provided two DA Forms 4187 that show she was promoted to E-2 and E-3 on 20 March 1992 and 23 July 1992, respectively. Both forms were initiated from her Reserve unit.
8. Orders 098-329, issued by Headquarters, 99th USAR Command, Oakdale, PA, show effective 22 March 1993, she was reassigned to the USAR Control Group (Annual Training) as an unsatisfactory participant. On 26 May 1995, she was released from the Control Group and reassigned to the 319th Engineer Company.
9. The applicant's record is void of any documents that show she was called to active duty after the issuance of her 11 February 1992 DD Form 214.
10. Army Regulation 635-5 (Personnel Separations), establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty service at the time of release from active duty, retirement, or discharge. The regulation states, in pertinent part, that the DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous active duty for training.
11. Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) states that an uncharacterized separation is an entry-level separation. Chapter 11 defines entry-level status, in pertinent part, as the first 180 days of continuous active service. It further states entry-level status separations will be uncharacterized.
DISCUSSION AND CONCLUSIONS:
1. There is no documentation and the applicant has not provided any that shows during her enlistment in the USAR she was called to active duty at any time other than the 5 months and 9 days listed on her 11 February 1992 DD Form 214.
2. The evidence of record shows she was ordered to active duty to complete basic training and advanced individual training and subsequently released to her Reserve unit. Therefore, in the absence of documentation verifying her continuous active service there is no basis on which to grant her 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) AR20120011952
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