IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017353
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show:
* That she enlisted in the pay grade of E-3 based on 60 college credit hours
* That she was promoted to the pay grade of E-7 based on 120 college credit hours from 1990 to 1994
* Credit for 14 additional active duty days based on her extended basic training
* Credit for all weekend drills performed
* Credit 83 days of advanced individual training
* Back pay and allowances due her
2. The applicant states, in effect, that she was not given credit for having 60 college credits when she enlisted and should have been enlisted in the pay grade of E-3 and promoted to the pay grade of E-7 when she attained 120 college credits in 1990. She goes on to state that she was not given the proper amount of active duty credit for her basic training and advanced individual training (AIT) and credit for her weekend drills is not reflected on her DD Form 214.
3. The applicant provides six handwritten pages explaining her application, a copy of her DA Form 2-1 (Personnel Qualification Record Part II), and copies of her DD Form 214, discharge orders, copies of documents from her medical records, and her college transcripts.
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 graduated high school on 16 June 1985 and enlisted in the
U.S. Army Reserve (USAR) in the pay grade of E-1 on 3 January 1986 for a period of 3 years, training as an administrative specialist under the alternate training program, and an enlistment bonus. At the time of her enlistment she indicated that she had been in college since August 1986.
3. On 6 June 1986, she was ordered to active duty for training to attend 8 weeks of basic training at Fort McClellan, Alabama. She completed her basic training on 8 August 1986, was released from active duty training (REFRAD) for training, and was returned to her USAR unit. She had served 2 months and 2 days of active service.
4. On 19 May 1987, she was ordered to active duty for training to attend her AIT at Fort Jackson, South Carolina. She completed her AIT and was REFRAD for training on 8 August 1987 in the rank of PV2. Her DD Form 214 issued at the time of her REFRAD for training shows that she served 2 months and 20 days of active service this period and 2 months and 2 days prior active service which accounts for her basic and AIT. She was returned to her USAR unit and was advanced to the pay grade of E-3 on 8 September 1987.
5. On 26 August 1988, she was deemed an unsatisfactory participant and was transferred to the USAR Control Group (Annual Training). On 4 January 1994, she was honorably discharged from the USAR.
6. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the date of
separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and appear to lack merit.
2. The applicant has failed to show through the evidence submitted and the evidence of record sufficient evidence to show that she should have been enlisted or promoted to a higher pay grade than that which is reflected by her records. Although she was advanced to the pay grade of E-3, this occurred after her DD Form 214 was issued.
3. The applicant contends that she should be granted additional active duty service for her basic and AIT; however, she has failed to provide any evidence to support that contention or evidence to dispute the evidence of record.
4. The applicants contention that her weekend drills should be added to her active duty service has also been noted; however, she has provided no evidence to support that contention. Additionally, service occurring subsequent to the date the DD Form 214 was issued is not authorized.
5. Accordingly, there appears to be no basis to grant the applicants 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) AR20140017353
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ABCMR Record of Proceedings (cont) AR20140017353
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