BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130009180
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, that he be issued a legible DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 December 2003.
2. He states he contacted the National Personnel Records Center for a copy his DD Form 214, but the copy they have on file is of poor quality and the dates of service cannot be verified. He has also requested a copy from the U.S. Army Human Resources Command, but the only document they can provide is a "248E" (taken to mean AHRC-PDP-TR Form 249E (Chronological Statement of Retirement Points)). He is currently a government employee trying to "buy back time," but the Department of Veterans Affairs (VA) will not accept any document other than a DD Form 214.
3. He provides his DD Form 214.
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/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve in the Delayed Enlistment Program (DEP) on 7 June 2001. On 20 June 2001, he was discharged from the DEP and enlisted in the Regular Army (RA) for a period of 4 years.
3. His Army Military Human Resource Record (AMHRR) contains very little documentation pertaining to his RA service. His AMHRR does contain the DD Form 214 covering his period of RA service; however, the document is largely illegible. In particular, the entries for block 12 (Record of Service) are not fully legible. Item 12b (Separation Date this Period) appears to show he was separated on 30 December 2003.
4. His record in the Total Army Personnel Database-Reserve shows his date last released from active duty as "2003/12/30."
5. His AHRC-PDP-TR Form 249-E shows he served in the RA from 7 June 2001 to 29 December 2003.
6. On 17 January 2006, he enlisted in the Tennessee Army National Guard, where he has served continuously since that date.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
a. The DD Form 214 is issued in eight copies. Copy 1 is presented or mailed to Soldiers on their transition date and copy 4 is presented to Soldiers when they depart the transition center on permissive temporary duty and/or transition leave.
b. It states a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record may be issued.
DISCUSSION AND CONCLUSIONS:
1. When he was released from active duty in 2003, the applicant would have received two copies of his DD Form 214. Presumably, those copies would have been legible, but it appears he no longer has them. The only copy available now is largely illegible.
2. The governing regulation prohibits issuing a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. However, it would be appropriate to issue him a statement of service for his period of RA service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the individual concerned be issued a statement of service for his RA service.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to reissuing a DD Form 214 covering his RA service.
_______ _ 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) AR20130009180
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ABCMR Record of Proceedings (cont) AR20130009180
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