IN THE CASE OF:
BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120013364
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 that his DD Form 214 (Certificate of Release or Discharge) be corrected to show he was within 1 year of his mandatory retirement date (MRD) when he retired.
2. The applicant states he actually retired within the year of his MRD.
3. The applicant provides no evidence in support of his request.
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 is a retired Regular Army colonel who served on active duty from 6 June 1979 through 30 June 2008 (29 years and 25 days).
3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states:
a. The DD Form 214 provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
b. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.
c. Block 18 REMARKS is to be used for Headquarters, Department of the Army mandatory requirements when a separate block is not available and as a continuation for entries in blocks 11, 13, and 14. There is no requirement to enter the MRD in block 18.
DISCUSSION AND CONCLUSIONS:
1. There is no provision for including the MRD in the Remarks block of the
DD Form 214.
2. The applicant has provided no rationale for adding the fact that he was close to his MRD on his DD Form 214. Therefore, he is not entitled to the relief he has requested.
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) AR20120012346
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120013364
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015795
The applicant requests correction of his record to show his service in Iraq. His 14 March 2004 DD Form 214 shows - * at block 12f (Foreign Service) - 0000 00 00 * his authorized awards are the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Parachutist Badge, and Air Assault Badge * block 18 (Remarks) does not include any deployment information 6. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2007 | 20070011511
A DD Form 4, Enlistment/Reenlistment Document, on file in the applicant's service record shows he last enlisted in the Army Reserve on 8 November 1990 for a period of six years. There is no indication in the applicant's service record that he requested to be transferred to the Retired Reserve at the expiration of his AGR and US Army Reserve service contracts. This authority is entered on the DD Form 214 for Enlisted Soldiers who are separated from active duty at the completion of their...
ARMY | BCMR | CY2008 | 20080014117
The applicant requests, in effect, correction of his Mandatory Retirement Date (MRD) based upon his 61-day period in a temporary disability status. The applicant contends, in effect, that his records should be corrected to show his MRD was extended 61 days to 13 May 1972, that he was promoted to the grade of COL (O-6), and placed on the retired list in the grade of COL (O-6) because he was in a temporary disability status for 61 days. Moreover, the evidence of record shows the applicants...
ARMY | BCMR | CY2014 | 20140003923
c. Separation pay eligibility is conditioned on four criteria: (1) having served 6 years on AD immediately prior to separation, (2) having been involuntarily honorably discharged, (3) being qualified for retention at the time of separation, and (4) having entered into a written agreement to serve 3 years in the Ready Reserve. The SJA stated the applicant would not have gone before a Department of the Army (DA) board had he not been eligible for promotion. The e-mail correspondence he...
ARMY | BCMR | CY2013 | 20130011525
IN THE CASE OF: BOARD DATE: 3 April 2014 DOCKET NUMBER: AR20130011525 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant was commissioned as a Reserve officer on 31 May 1987. b.
ARMY | BCMR | CY2009 | 20090019828
In May 2001, the applicant was granted a two-year extension based on the needs of the service, which adjusted her MRD to 31 May 2003. Unfortunately, she is now age 69 and has been without a military status for 7 years and by law is now well past the maximum retention age. Regrettably, the applicant is not entitled to be extended past her MRD of 16 June 2003 or retention in the USAR in order to qualify for retired pay and benefits.
ARMY | BCMR | CY2014 | 20140007943
The applicant requests correction of block 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty) to show his period of honorable service. Block 9e (Character of Service) on his DD Form 214 is appropriately annotated to show "under other than honorable conditions." Army Regulation 635-8, currently in effect, allows for the annotation of characterization of service in the Remarks section of the DD Form 214 only for Soldiers who previously reenlisted without being issued a...
ARMY | BCMR | CY2008 | 20080009522
The applicant requests his DD Form 214 (Certificate of Release or discharge from Active Duty) be corrected to show his period of service in the Persian Gulf as a separate entry. The State needs a notation showing his war time service separated from his period of service in Germany. Since the applicant's DD Form 214 does not have any entry of this nature, it is appropriate to apply current standards and show the current mandatory entry on his DD Form 214: It is appropriate to correct block...
ARMY | BCMR | CY2013 | 20130012355
The applicant requests: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 33 years and 6 months of service * service credit of 3 years that she completed but was not credited with * correction of her mandatory removal date to show 4 April 2015 * reinstatement and selection to attend the War College 2. However, she completed 3 more years with the USAR after that. The applicant contends: * her DD Form 214 should be corrected to show...
ARMY | BCMR | CY2008 | 20080006041
The applicant requests, in effect, that he be retired and placed on the Retired List in his highest grade held, that of a colonel/pay grade O-6 and that he receive retirement pay as a colonel instead of lieutenant colonel. 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. On 31 March 2005, the applicant was voluntarily released from active duty and voluntarily...