Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130001249
Original file (20130001249.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130001249 


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, correction of his DD From 214 (Report of Separation from Active Duty) to show the date of the date of his entry on active duty as May 1974.

2.  The applicant states he entered active duty in May 1974 at the age of 18 years.  He had 4 years of service.  The date on his DD Form 214 would have been when he was 22 years of age.  He further contends that he took basic training at Fort Dix, NJ.  He believes there is another DD Form 214.

3.  The applicant provides a copy of his DD Form 214 ending on 23 November 1978.

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.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) dated 12 November 1977 shows the applicant enlisted in the Kentucky Army National Guard (KYARNG) for 6 years beginning in the rank of private, pay grade E-1 with no previous service.

3.  His DA Form 2-1 (Personnel Qualification Record) for the period 12 November 1977 to 22 January 1979 shows:

	a.  he was assigned to Fort Dix, NJ from 29 May 1978 to on or about 12 July 1978 for basic combat training;

	b.  he was assigned to Aberdeen Proving Grounds, MD from 21 July 1978 to on or about 23 November 1978 for advanced individual training;

	c.  he was awarded military occupational specialty 63F1O (Recovery Specialist) on 23 November 1978; and

	d.  he was released from active duty training on 23 November 1978 and returned to his KYARNG unit.

4.  His DD Form 214, ending on 23 November 1978, shows the applicant was released from active duty.  He had completed 6 months and 3 days of active duty service and 6 months and 9 days of prior inactive service, for a total of 12 months and 12 days of service for pay.

5.  On 22 January 1979, the applicant was honorably discharged from the KYARNG.

6.  A DD Form 4, dated 23 January 1979, shows the applicant enlisted in the Georgia ARNG (GAARNG) for a period of 5 years, beginning in the rank of private, pay grade E-2.

7.  The applicant's DA Form 2-1 for his last period of service shows:

	a.  he enlisted not on active duty on 12 November 1977;

	b.  he was ordered to active duty on 21 May 1978;

	c.  he was a recovery specialist with the KYARNG from 23 November 1978 to 21 January 1979;

	d.  he was discharged from KYARNG on 22 January 1979;

	e.  he was assigned to the GAARNG as a self-propelled field artillery mechanic from 23 January 1979 to 2 April 1981;

	f.  he was discharged from the GAARNG on 3 April 1981 and transferred to the U.S. Army Reserve (USAR);

	g.  he was assigned to the 370th Engineer Battalion, USAR on 4 April 1981; and

	h.  he was transferred to the Individual Ready Reserve (IRR) on 21 August 1984. 

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. 
	
	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. 

	b.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he entered active duty in May 1974 and that either his DD Form 214 incorrectly shows his date of entry, or there is another DD Form 214 that is missing.

2.  The available evidence clearly shows that the applicant enlisted in the KYARNG in 1977 and was subsequently ordered to active duty for training.  He later served in the GAARNG and the USAR.  He was ultimately transferred to the IRR.  

3.  There is no evidence of record showing that the applicant had any service, either active or inactive prior to his enlistment in 1977.  It appears that the data on his DD Form 214 has been accurately recorded without error or injustice.

4.  In view of the above, the applicant’s request should be denied.






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)                                         AR20130001249





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130001249



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090006411

    Original file (20090006411.txt) Auto-classification: Denied

    Headquarters, U.S. Army Training Center and Fort Dix, Fort Dix, NJ, Special Court-Martial Order Number 79, dated 2 November 1978, shows that, after completion of all required post-trial and appellate reviews, the convening authority ordered the applicant’s bad conduct discharge executed. The DD Form 214 he was issued shows he was discharged in accordance with chapter 3 of Army Regulation 635-200 (Personnel Separations) as a result of court-martial with a bad conduct discharge. ...

  • ARMY | BCMR | CY2009 | 20090002233

    Original file (20090002233.txt) Auto-classification: Approved

    A USAICS Form 174, dated 31 March 1978, that shows the applicant successfully completed the Signal Security Specialist Course for military occupational specialty 05G (Signal Security Specialist) on 31 March 1978. c. A DD Form 256A, dated 8 May 1980, and Headquarters, 569th Personnel Service Company (Germany), Orders 130-4, dated 9 May 1980, that show the applicant was honorably discharged from the RA on 8 May 1980 and reenlisted in the RA for a period of 4 years on 9 May 1980. d....

  • ARMY | BCMR | CY2008 | 20080002659

    Original file (20080002659.txt) Auto-classification: Denied

    The applicant requests that his records be corrected to show he was promoted to Master Sergeant, E-8. By letter dated 8 April 1977, USAEREC informed the applicant that an Army Standby Enlisted Advisory Board reviewed his records and determined he should be barred from reenlistment under the QMP. It appears that a 10-year old Article 15 would have been a valid consideration in determining who would be recommended for a HQDA bar to reenlistment.

  • ARMY | BCMR | CY2014 | 20140016804

    Original file (20140016804.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and/or his military service records to show he: a. held military occupational specialty (MOS) 95B (Military Police) and 75C (Personnel Management Specialist) while serving in Active Reserve units; b. was awarded the Armed Forces Service Medal, North Atlantic Treaty Organization (NATO) Medal, Vietnam Service Medal, Armed Forces Reserve Medal, Army Reserve Components Achievement Medal,...

  • ARMY | BCMR | CY2009 | 20090021505

    Original file (20090021505.txt) Auto-classification: Denied

    The applicant requests that his under other than honorable conditions discharge be upgraded. The applicant's military records show he enlisted in the Army National Guard on 23 February 1977 and served until he was issued a general discharge and involuntarily ordered to active duty on 11 July 1978. The applicant stated that he understood he could request this discharge for the good of the service because charges had been preferred against him under the UCMJ which authorized the imposition...

  • ARMY | BCMR | CY2003 | 2003088498C070403

    Original file (2003088498C070403.rtf) Auto-classification: Denied

    On 31 March 1978, he enlisted in the U.S. Army Reserve. Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, it requires 7 years time in grade (TIG) as a CPT to be considered for mandatory promotion to MAJ or a minimum of 4 years TIG to be eligible for consideration for a unit vacancy promotion. The Board determined that the evidence presented and the merits of this case...

  • ARMY | BCMR | CY2009 | 20090009836

    Original file (20090009836.txt) Auto-classification: Approved

    The applicant's DD Form 214 shows he entered active duty this period on 8 February 1977 and he was discharged on 20 June 1981 in accordance with the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial, and his service characterized as under other than honorable conditions. In 1986, the applicant submitted two DD Forms 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) to the Army...

  • ARMY | BCMR | CY2009 | 20090010976.

    Original file (20090010976..txt) Auto-classification: Denied

    The applicant requests, in effect, correction of item 9d (Effective Date) on his DD Form 214 (Report of Separation from Active Duty). Item 9d on the applicant's DD Form 214 shows the entry "79 08 17" [17 August 1979]. Evidence of record shows the applicant was ordered to active duty on 10 August 1979.

  • ARMY | BCMR | CY2009 | 20090001615

    Original file (20090001615.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 7 May 2009 DOCKET NUMBER: AR20090001615 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His records also contain a DA Form 2627, dated 21 April 1978, that shows the suspension of the punishment of reduction to E-3 imposed against the applicant was vacated by the company commander and the unexecuted portion of the punishment was ordered to be duly executed. The DD Form 214 shows the authority for the applicant’s separation was Army Regulation 635-200 (Personnel...

  • ARMY | BCMR | CY2001 | 2001065542C070421

    Original file (2001065542C070421.rtf) Auto-classification: Denied

    APPLICANT STATES : That he meets the eligibility requirements for promotion to major but that the computer at the U. S. Army Reserve Personnel Command (AR-PERSCOM) does not show that he has completed the Infantry Officer Advanced Course, so he has not been considered for promotion. On 8 January 1986, the Army Board for Correction of Military Records (ABCMR) responded to a request from the applicant, case number AC 85-00251, to correct his commissioning as a USAR officer from 23 August 1983...