IN THE CASE OF:	   

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001582 


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 (SPC)/E-4.

2.  The applicant states he believes the error is an administrative oversight.

3.  The applicant provides:

* Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES)
* Honorable Discharge Certificate
* Armed Forces of the United States Geneva Conventions Identification Card
* 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 2 January 1985.  

3.  On 23 January 1985, he entered active duty for training (ADT).

4.  On 7 June 1985, he was honorably released from (ADT) and transferred to his USAR unit.  He completed 4 months and 15 days of creditable active service.  His DD Form 214 shows in:

* Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) – "PV1" and "E1"
* Item 12h (Effective Date of Pay Grade) – "85  01  02"
 
5.  Orders D-06-44807, issued by the USAR Personnel Center, St. Louis, MO, dated 28 June 1994, show he was honorably discharged from the USAR effective 28 June 1994 in the rank/grade of SPC/E-4. 

6.  The applicant provides a copy of his LES for the period ending 6 August 1993, his Honorable Discharge Certificate, and Armed Forces of the United States Geneva Conventions Identification Card which show his rank/grade as SPC/E-4.

7.  There is no indication he performed any periods of active duty between the date he was released from ADT (7 June 1985) to the date he was ultimately discharged from the USAR (28 June 1994) that would have warranted the issuance of a DD Form 214.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established 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.

9.  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 enlisted in the USAR on 2 January 1985 and he entered ADT on 23 January 1985.  He was honorably released from ADT on 7 June 1985.  He completed 4 months and 15 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 was "PV1" and E1," both of which are correctly shown on his DD Form 214.

2.  The available evidence shows he was honorably discharged from the USAR in the rank/grade of SPC/E-4 on 28 June 1994 well after he had been released from ADT and after his DD Form 214 had been issued.  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 23 January to 7 June 1985 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)                                         AR20140001582





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001582



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1