IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013039
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 16 November 1994 be corrected to reflect his Federal deployment overseas for training.
2. The applicant states his DD Form 214 does not reflect his deployment to Europe for training during the period 1 December 1996 to 17 February 1997.
3. The applicant provides copies of his DD Form 214 and amended deployment orders.
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 Alaska Army National Guard (AKARNG) on 24 December 1992 for a period of 8 years.
3. He was ordered to active duty for training on 7 July 1994. He completed his training as a signal support systems specialist at Fort Gordon, Georgia and was honorably released from active duty (REFRAD) on 16 November 1994 and was transferred back to his AKARNG unit. This period of active duty service totaled 4 months and 10 days.
4. The applicant was ordered to overseas deployment training in Europe during the period 1 December 1996 to 17 February 1997, a total of 79 days of active service.
5. On 12 September 2000, he was honorably discharged from the AKARNG and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) where he remained until he was honorably discharged from the USAR on 20 November 2000.
6. A review of the applicant's official records failed to show any additional DD Form 214s were filed in his records.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared for personnel at the time of their retirement, discharge, or release from the active Army. Reserve component personnel should receive a DD Form 214 after completing 90 or more days of continuous active duty. The DD Form 214 should reflect information that is in effect at the time the DD Form 214 is prepared. Events that occur subsequent to the date the form was prepared will not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show his overseas deployment for training has been noted and appears to lack merit.
2. The applicants deployment occurred subsequent to the date of his DD Form 214 and is not authorized for entry on that form. Further, regulatory guidance states a DD Form 214 is prepared for Reserve component personnel when they serve 90 or more days of continuous active duty. The applicant served for 79 continuous days during the period in question. By regulation, he is not entitled to a separate DD Form 214 for this period of active duty service.
3. Accordingly, there appears to be no error or injustice in his case and no basis to grant his request.
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) AR20140013039
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013039
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012320
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his foreign service in: * Saudi Arabia, from 1 August 1990 through 15 April 1990 [sic], * Korea, from 24 February 1988 through 22 February 1989 * Europe, from 15 October 1998 through 14 June 2002 2. Item 5 (Oversea Service) of his DA Form 2-1 shows he served in the following locations during the period specified: * Korea 24 February 1988 through 22 February...
ARMY | BCMR | CY2012 | 20120001480
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the hostile fire pay/imminent danger pay (HFP/IDP) areas that he served in during his military service. The applicant contends that his DD Form 214 should be corrected to show the HFP/IDP areas that he served in during his military service. The applicant's: a. January through April 1991 LESs, ORB, and OER for the period 2 June 1990 through 1 June 1991 show he served with his...
ARMY | BCMR | CY2013 | 20130019720
Additionally, item 35 (Record of Assignments) of this form also does not show any service overseas. Although the applicant does not specifically state what combat theater and where the FSM deployed, it appears that training exercises are being confused with deployment and foreign service. But even if he did participate in training exercises only deployments and deployed country and dates are listed in item 18.
ARMY | BCMR | CY2013 | 20130002280
The applicant requests that his records be corrected by promoting him to the rank of chief warrant officer two (CW2), giving him credit for time lost for additional advancement, and restoring him to the U.S. Army Reserve (USAR). In part V under Performance and Potential Evaluation his rater gave him an Often Failed Requirements ratings and indicated that the applicant was late for drills on six occasions, he did not keep his personal finances in order, he did not provide a recall number...
ARMY | BCMR | CY2014 | 20140000771
Table 2-1 of this regulation states the minimum time in grade as a first lieutenant for a position vacancy promotion to CPT is 2 years. However, the available evidence does not support his request for correction of his record to show he was promoted to captain in January 2008 and promotion to MAJ prior to his transfer to the Retired Reserve. Based on the available records, it appears the applicant was eligible to be considered for a position vacancy promotion to the grade of CPT in January...
ARMY | BCMR | CY2009 | 20090001365
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Kuwait and the awards he received as a result of his deployments during the periods of 1998 through 1999 and 2001 through 2002. He asks that the Army Board for Correction of Military Records (ABCMR) review his records to locate evidence to support his request. The DD Form 214 provided a brief, clear-cut record of active Army service at the time of release from...
ARMY | BCMR | CY2006 | 20060014519
These orders show that the applicant was honorably discharged from the AKARNG, in the rank of chief warrant office five (CW5)/pay grade W-5, on 30 June 2005, and transferred to the USAR Control Group (Retired Reserve), effective 1 July 2005. Army Regulation 635-100 (Personnel Separations Officer Personnel), in effect at the time of the applicants discharge on 31 August 1994, provides policies and procedures for separating officers from active duty and applied to all Regular Army officer...
ARMY | BCMR | CY2008 | 20080014298
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his separation document to show he served in support of Operation Able Sentry III. Moreover, the applicant's records are absent a copy of his DD Form 214 for the period of service under review and the applicant also failed to provide a copy of his DD Form 214 in support of his application, or in response to two requests for the document.
ARMY | BCMR | CY2011 | AR20080014298
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his separation document to show he served in support of Operation Able Sentry III. Moreover, the applicant's records are absent a copy of his DD Form 214 for the period of service under review and the applicant also failed to provide a copy of his DD Form 214 in support of his application, or in response to two requests for the document.
ARMY | BCMR | CY2009 | 20090002354
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 2008 be corrected to show his total foreign service credit and correct military occupational specialty (MOS). Item 11 (Primary Specialty) of the applicant's DD Form 214 shows he served in MOS 63B2O (Wheeled Vehicle Mechanic) for 10 years and 3 months and MOS 79R5O (Recruiter) for 11 years and 10 months. _______ _ __X_____ ___ CHAIRPERSON I...