IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130021233
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect all of her service in the U.S. Army Reserve (USAR) from 1 January 1997 to 27 September 2004.
2. The applicant states, in effect, that her DD Form 214 only reflects her service until 17 May 1997; however, her service in its entirety was 8 years. She has diabetes and correction of her DD Form 214 would afford her the opportunity to receive medical benefits.
3. The applicant provides a one-page statement in support of her claim and a copy of her 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 USAR on 28 September 1996 for a period of 8 years and training as a wheel vehicle mechanic.
3. She was ordered to active duty training (ADT) at Fort Jackson, South Carolina on 3 January 1997. She completed her one-station unit training and was honorably released from ADT on 17 May 1997 and was returned to her USAR unit in Athens, Georgia. She had served 5 months and 17 days of ADT.
4. On 30 April 2005, she was honorably discharged from the USAR.
5. Army Regulation 635-5 (Separation Documents) in effect at the time, served as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be issued at the time of separation from active duty. The DD Form 214 will be prepared to reflect service performed up to the period covered by the DD Form 214. Service or events that occur subsequent to the period covered by the DD Form 214 will not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to reflect all of her USAR service has been noted and found to lack merit.
2. The DD Form 214 is only issued upon completion of tours of active duty and will reflect all service completed up to the date of separation. The applicants DD Form 214 properly reflects her inactive service from the date of her enlistment and her ADT service.
3. Accordingly, there appears to be no error or injustice in her case and no basis to grant her request to change her DD Form 214 to reflect all of her USAR service performed subsequent to the date of her DD Form 214.
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) AR20130021233
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ABCMR Record of Proceedings (cont) AR20130021233
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