BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140002772
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 August 1986 to show the same awards and decorations that are listed in item 9 (Awards, Decorations & Campaigns) of her DA Form 2-1 (Personnel Qualification Record).
2. The applicant states item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 does not reflect the correct information and does not appear to be her final DD Form 214.
3. The applicant provides:
* DD Form 214 for the period ending 29 August 1986
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 17 November 1989
* DD Form 215 (Correction to DD Form 214), dated 31 January 1990
* a copy of her DA Form 2-1
* Orders D-06-034572, issued by the U.S. Army Reserve (USAR) Personnel Command (AR-PERSCOM) on 20 June 2000
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. On 23 April 1985, the applicant enlisted in the USAR. On 21 June 1985, she entered active duty for the purpose of completing basic combat training (BCT). Upon the completion of BCT, she was released from active duty and returned to her USAR troop program unit (TPU) of assignment.
3. On 2 July 1986, she entered active duty for the purpose of completing advanced individual training (AIT). On 29 August 1986, upon the completion of AIT, she was released from active duty and returned to her USAR TPU of assignment. Item 13 of her DD Form 214 for this period shows she was awarded or authorized the Army Service Ribbon.
4. Her record does not contain any additional DD Forms 214 that document active duty service performed after 29 August 1986.
5. She provides:
a. an NGB Form 22 showing she served in the Army National Guard from 16 August 1988 to 17 November 1989;
b. a DD Form 215, dated 31 January 1990, which corrected item 16 (High School Graduate or Equivalent) of her DD Form 214 for the period ending 29 August 1986;
c. Orders D-06-034572, which discharged her from the USAR in the rank/grade of staff sergeant/E-6, effective 20 June 2000; and
d. a copy of her DA Form 2-1, authenticated by her signature on 6 December 1996, which shows the following awards and decorations in item 9:
* National Defense Service Medal
* Armed Forces Reserve Medal (950422)
* Army Reserve Components Achievement Medal (900816)
* Army Reserve Components Achievement Medal (940816)
* Noncommissioned Officer Professional Development Ribbon (2)
* Army Service Ribbon
6. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It states the DD Form 214 is a summary of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The awards and decorations listed on her DA Form 2-1 are for service she performed subsequent to the period covered by her DD Form 214. Therefore, she is not entitled to have these awards and decorations entered on the contested DD Form 214.
2. She contends she should have a final DD Form 214; however, USAR Soldiers not on active duty receive only a discharge order and are not entitled to a DD Form 214 at separation from the USAR.
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) AR20140002772
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ABCMR Record of Proceedings (cont) AR20140002772
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