BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003968
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 he was in the Regular Army (RA) instead of the U.S. Army Reserve (USAR).
2. The applicant states:
* he enlisted in the Regular Army for 4 years and he was discharged after advanced individual training with an honorable discharge
* his DD Form 214 shows he was a Reservist and on active duty for training purposes only
* he has been receiving health care for the past 10 years with the understanding he was eligible
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 USAR on 18 August 1980 for a 6-year period. In conjunction with his enlistment, he completed a DA Form 3540 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting in the USAR).
3. On 29 August 1980, he was ordered to active duty for training.
4. On 24 November 1980, the applicant was notified of his commander's intent to recommend his separation under the provisions of Army Regulation 635-200, Trainee Discharge Program, paragraph 5-33, for lacking the necessary aptitude, ability, motivation, and self-discipline necessary to meet the minimum standards prescribed for successful completion of training.
5. On 24 November 1980, the applicant acknowledged notification of his proposed discharge action and he was advised of the basis for the contemplated separation action from the Army under the provisions of paragraph 5-33 of Army Regulation 635-200, the effect on future enlistment in the Army, and of the procedures and rights that were available to him. He acknowledged that if he did not have sufficient prior service he understood that due to non-completion of requisite active duty time VA and other benefits normally associated with completion of honorable active service would be affected. He elected not to submit a statement in his own behalf and he elected not to have a separation medical examination if his separation was approved.
6. On 25 November 1980, the applicant's intermediate commander interviewed the applicant and determined that his discharge was in the best interest of the Army. He also indicated that the applicant lacked the necessary motivation to complete training or successfully fulfill his 6-year obligation. He further stated the applicant had an attitude problem since his arrival to the unit. He was extremely immature, and drill sergeants had constantly worked with him in an effort to motivate him and turn him around. He continued to cause problems, required constant supervision, he was not dependable after 10 weeks of training, and he needed to grow up. The applicant's intermediate commander also recommended the applicant be placed in the Individual Ready Reserve.
7. On 26 November 1980, the separation authority approved the applicant's discharge and directed that he receive an honorable discharge. On 4 December 1980, the applicant was released from active duty for training accordingly. The DD Form 214 he was issued confirms he completed 3 months and 6 days of creditable active service. His DD Form 214 also shows his component as USAR and in item 28 (Narrative Reason for Separations) the entry "Trainee Discharge Program (TDP) Marginal or Non-productive."
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Instructions stated to enter in item 2 (Department, Component and Branch) capital letters for enlisted members ARMY/RA or Army National Guard (ARNG)/USAR.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant enlisted in the USAR and he was ordered to active duty for training. His record is void of and he fails to provide any evidence he enlisted in the RA.
2. In view of the foregoing, there is no basis upon which to grant the 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) AR20140003968
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ABCMR Record of Proceedings (cont) AR20140003968
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