IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015717
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 from Active Duty) be corrected to show that his rank at the time of his discharge was either E-2 or E-3 and that all of his service be reflected.
2. The applicant states he was serving either as an E-2 or E-3 when he was discharged and all of his duty days are not reflected on his DD Form 214. He served honorably and figured that he would have at least qualified for Department of Veterans Affairs (VA) Loan Eligibility.
3. The applicant provides a copy of 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. The applicant enlisted in the U.S. Army Reserve (USAR) on 20 December 1983 for a period of 6 years. He was ordered to active duty for training (ADT) on
17 January 1984 and was transferred to Fort Jackson, South Carolina to undergo his one-station unit training (OSUT) as a light wheel vehicle and power generator mechanic.
3. On 23 June 1984, he was honorably released from ADT in the pay grade of
E-1 and was returned to his USAR unit. He had served 5 months and 7 days of ADT.
4. He was advanced to the pay grade of E-2 on 17 July 1984 and on 22 March 1985, he was transferred to the USAR Control Group (Annual Training) due to unsatisfactory participation. He was honorably discharged from the USAR in the pay grade of E-2 on 19 December 1989.
5. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provided that the DD Form 214 would be prepared to reflect information as it exists in the official records at the time of separation. It also provided that changes that occurred subsequent to the date covered by the DD Form 214 would not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect changes in his rank and service performed during his service has been noted.
2. The applicants DD Form 214 correctly reflects his rank and service during the period covered by the DD Form 214. Accordingly, there is no error or injustice in his case.
3. The applicable regulation provides that a DD Form 214 will not be corrected/altered to add information that occurs outside of the period covered by that form.
4. Therefore, in the absence of evidence to show that he had more service or was serving in a higher rank during the period covered by the DD Form 214, there appears to be no basis to approve his application.
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) AR20130015717
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ABCMR Record of Proceedings (cont) AR20130015717
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