IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140007052
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 served more than 265 days on active duty and attained the rank of sergeant, pay grade E-5, as a member of the U.S. Army Reserve (USAR).
2. The applicant states his records for his training at Fort Jackson, SC; Fort Bliss, TX; and with the 801st Combat Support Hospital at Fort Sheridan, IL, and 801st General Hospital in Joliet, IL are lost. He contends he only recently noticed the errors while looking at his DD Form 214 in regard to a military burial.
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 available evidence of record shows the applicant enlisted in the USAR on 25 January 1985. He subsequently entered active duty training (ADT) on
28 January 1985 in the rank of private first class, pay grade E-3 (PFC/E-3). He completed his initial training and was awarded a military occupational specialty 91N (Cardiac Specialist).
3. The applicant's DD Form 214 shows his period of ADT was from 28 January to 1 May 1985. He was released from ADT and transferred to the 801st General Hospital, located in Chicago, IL. He had completed 3 months and 4 days of ADT. His rank upon REFRAD was PFC/E-3.
4. A review of his military records also shows the following:
a. Orders 123-032, 86th USAR Command, dated 10 May 1993 ordered him to annual training for 16 days commencing no later than 10 September 1993. He received 14 active duty points for service during the period 27 February 1993 to 26 February 1994, which may have been for completing this annual training.
b. The applicant's DA Form 2A (USAR - Enlisted Personnel Qualification Record) prepared as of 2 December 1993 shows his rank as sergeant, pay grade E-5 with a date of rank of 29 December 1985. It also shows his last period of active duty service ended on 1 May 1985.
c. The applicant's AHRC Form 249-E (Chronological Statement of Retirement Points) dated 12 May 2014, shows he has only 1 qualifying year for retirement and a total of 311 creditable points.
5. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he served more than 265 days on active duty and attained the rank of sergeant, pay grade E-5 as a member of the USAR.
2. The available evidence of record shows that the applicant entered ADT in the rank of PFC/E-3 and upon completion of training about 90 days later he was REFRAD back to his USAR unit. There is no evidence showing he has served any other period of active duty that would have qualified for issuance of another
DD Form 214.
3. The available evidence further shows the applicant was promoted to sergeant with a date of rank of 29 December 1985, while a member of the USAR, after he was released from active duty.
4. The applicant has not provided any corroborating evidence to support his contentions. Accordingly, there is no evidence of any error or injustice in this case.
5. In view of the above, the applicant's request should be denied.
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) AR20140007052
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ABCMR Record of Proceedings (cont) AR20140007052
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