IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130006298 


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) to show her grade/rank as sergeant (SGT)/E-5 and her service in the U.S. Army Reserve (USAR) from December 1983 to December 1989.

2.  The applicant states her DD Form 214 shows she only completed basic combat and advanced individual training.  She wants her Reserve service tallied up for her entire period of enlistment.  She was assigned to the 428th Supply and Supply Company.  The unit administrator committed several errors causing Soldiers to have retirement issues due to these errors. 

3.  The applicant provides:

* Orders 4-1 (promotion to SGT), dated 21 April 1989
* DD Form 214 ending on 26 June 1984
* Orders D-01-001035, dated 8 January 1991

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 initially enlisted in the USAR for 6 years, in the rank/grade of private (PV1)/E-1 on 27 December 1983.  

3.  She entered active duty for training (ADT) on 2 March 1984.  She completed basic combat and advanced individual training and she was awarded military occupational specialty 76P (Materiel Control and Accounting Specialist). 

4.  She was honorably released from ADT on 26 June 1984.  The DD Form 214 she was issued at the time shows she completed 3 months and 25 days of net active service this period.  It also shows in:

* Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) – "PV1" and "E-1"
* Item 12h (Effective Date of Pay Grade) – "83-12-27"
* item 12e (Total Prior Inactive Service) – "00-02-05," indicating she completed 2 months and 5 days of Reserve service

5.  She continued her service in various positions and/or units of the USAR, including the 455th Replacement Detachment, 448th Civil Affairs Company, and 428th Services and Supply Company.  

6.  Item 18 (Appointments and Reductions) of her DA Form 2-1 (Personnel Qualification Records) shows she was promoted to/on: 

* Private two/E-2, 8 September 1984
* Private first class/E-3 on 4 May 1985
* Specialist Four/E-4 on 6 December 1985
* SGT/E-5 on 21 April 1989

7.  She was promoted to SGT/E-5 in the USAR on 21 April 1989 while assigned to the 428th Supply and Services Company.  Additionally, she reenlisted in the USAR for 3 years on 20 December 1989.  

8.  She was honorably discharged from the USAR on 8 January 1991.  Her discharge orders reflect the rank of SGT. 

9.  There is no indication she performed any periods of active duty between the date she was released from active duty (26 June 1984) to the date she was ultimately discharged from the USAR (January 1991) that would have warranted the issuance of a DD Form 214.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  Chapter 2 states:

* Items 4a and 4b show the active duty rank/grade held at the time of separation
* Item 12d shows total prior active service completed
* Item 12e shows total prior inactive service completed
* Item 12h shows the effective date of rank (the rank a Soldier held at the time of separation)

11.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows the applicant served on ADT in her USAR status from 2 March 1984 to 26 June 1984.  She completed 3 months and 25 days of active service and she was issued a DD Form 214 that captured this period of active duty service.  Her grade and rank at the time of her release from active duty were "PV1" and E-1" both of which are correctly shown on her DD Form 214.

2.  The available evidence shows she was promoted to SGT/E-5 on 21 April 1989, some 5 years after she had been released from active duty and after her DD Form 214 had been issued.  She held this rank/grade at the time of her discharge from the USAR in 1991.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

3.  Aside from her active service from March to June 1984 for which a DD Form 214 was issued, there is no evidence she performed any other period of active duty of at least 90 consecutive days that would have qualified her for the issuance of any additional DD Forms 214.  Therefore, she is not entitled to 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 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)                                         AR20130006298





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ABCMR Record of Proceedings (cont)                                         AR20130006298



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