IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013104
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) to show in item 12i (Reserve Obligation Termination Date) the date 14 December 1993 vice 4 February 1988.
2. The applicant states her discharge date is incorrectly reported as 4 February 1998 (i.e. 4 February 1988) on her DD Form 214. Her discharge date was 14 December 1993 as shown on her discharge certificate.
3. The applicant provides her:
* Honorable Discharge Certificate, dated 14 December 1993
* Department of the Army Reserve Personnel (DARP) Form 249-2 (Chronological Statement of Retirement Points), dated 12 May 1995
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 5 February 1982 for a period of 6 years. Her Reserve obligation termination date was 4 February 1988.
3. She entered active duty for training (ADT) on 24 March 1982. She completed basic training and advanced individual training and was awarded military occupational specialty 75D (Personnel Records Specialist).
4. She was honorably released from ADT on 24 July 1982 to the control of her USAR unit. Item 12i of the DD Form 214 she was issued contains the entry 4 February 1988.
5. She continued to serve in the USAR through a reenlistment and/or extension and was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 24 January 1988.
6. Orders D-12-303285, dated 14 December 1993, issued by the USAR Personnel Center, honorably discharged her from the USAR effective 14 December 1993.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the USAR on 5 February 1982 for a period of 6 years and her Reserve obligation termination date was 4 February 1988. She entered ADT on 24 March 1982 and was released from ADT on 24 July 1982. Although she served in the USAR past her Reserve obligation termination date, the DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. At the time of her release from active duty, her Reserve obligation date was 4 February 1988 and is correctly shown on her DD Form 214. Therefore, she is not entitled to 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) AR20140013104
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