BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130009829 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist four (SP4)/
E-4.

2.  The applicant states he was stationed in Germany from 1978 through 1981, and he was honorably released from active duty in the rank/grade of private first class (PFC)/E-3.  He subsequently joined the U.S. Army Reserve (USAR) in 1982 and they promoted him to SP4/E-4.  He further states, in effect, he would like his DD Form 214 corrected so his family will be able to ensure the rank is on his headstone.

3.  The applicant provides a copy of his DA Form 2139 (Military Pay Voucher) and DA Form 2-1 (Personnel Qualification Record).

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 enlisted in the Regular Army (RA) on 20 June 1978.  He completed training and was awarded military occupational specialty (MOS) 62B (Construction Equipment Repairman).

3.  On 16 June 1981, he was honorably released from active duty by reason of insufficient service remaining for reassignment.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 27 days of creditable active service.  His
DD Form 214 shows in:

* Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) – "PFC" and "E3"
* Item 12h (Effective Date of Pay Grade) – "79  06  20"

4.  Orders C-10-122873, issued by the USAR Components Personnel and Administration Center, St. Louis, MO, dated 31 October 1982, show he voluntarily requested to be reassigned from the USAR Control Group (Reinforcement) to the 348th Military Police Company (Physical Security), Bakersfield, CA, effective 31 August 1982.

5.  Orders 1-3, issued by the 348th Military Police Company (Physical Security), dated 31 January 1983, promoted him to SP4/E-4, effective 31 January 1983.

6.  Order 63-1362, issued by Headquarters, Sixth U.S. Army, Presidio of San Francisco, CA, dated 31 March 1984, honorably discharged the applicant from the USAR effective 8 February 1984, in the rank/grade of SP4/E-4.

7.  The applicant provides a copy of his DA Form 2-1, dated 17 November 1979, that shows his rank/grade as PFC/E-3 and that he was positioned in his unit as an engineer equipment mechanic.  The position had an authorized grade of SP4.
He also provides a pay voucher for the period 20 August through 3 September 1983 that shows his basic pay grade as E-4.

8.  There is no indication he performed any periods of active duty between the date he was released from active duty (16 June 1981) to the date he was ultimately discharged from the USAR (8 February 1984) that would have warranted the issuance of a DD Form 214.


9.  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.  

10.  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 Active Duty Training (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 enlisted in the RA on 20 June 1978 and he was honorably released from active duty on 16 June 1981.  He completed 2 years, 11 months and 27 days of active service and he was issued a DD Form 214 that captured this period of active duty service.  His rank and grade at the time of his release from active duty were "PFC" and E3," both of which are correctly shown on his DD Form 214.
2.  The available evidence shows he was promoted to SP4/E-4 on 31 January 1983 during his Reserve service after he had been released from active duty and after his DD Form 214 had been issued.  He held this rank/grade at the time of his discharge from the USAR in February 1984.  However, 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 his active service from 20 June 1978 to 16 June 1981 for which a DD Form 214 was issued, there is no evidence he performed any other period of active duty of at least 90 consecutive days that would have qualified him for the issuance of an additional DD Form 214.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130009829



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ABCMR Record of Proceedings (cont)                                         AR20130009829



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