BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150005567 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 records to show: * the mandates she worked * her rank/grade as specialist (SPC)/E-4 * she was voted Soldier of the Year 2. The applicant states her rank was E-4 on the date of her discharge. 3. The applicant does not provide any additional evidence. 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 2 December 1986. 3. She entered active duty for training (ADT) on 29 June 1988, completed training and was awarded military occupational specialty 71L (Administrative Specialist). 4. She was released from ADT in the rank of private/E-1 on 11 November 1988. She was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) crediting her with 4 months and 10 days of active service. 5. She reenlisted in the USAR in the rank/grade of private first class (PFC)/E-3 on 8 December 1989. She was assigned to the 601st Military Police (MP) Battalion, Fort Wayne, IN. 6. On 8 December 1989, her commander published a DA Form 4187 (Personnel Action) advancing her to SPC/E-4 effective 8 December 1989. 7. On 14 August 1990, Headquarters, 300th MP Command, published Orders 30-30 releasing her from the 601st MP Battalion and reassigning her to the 384th MP Battalion, Fort Wayne, IN, effective 10 September 1990. 8. On 14 September 1990, by certified letter, her commander notified her that she had been absent from the scheduled unit training assembly or multiple unit training assembly (UTA/MUTA) on 8 and 9 September 1990. This was her fourth unexcused absence and that if she accumulated nine unexcused absences within a 1-year period, she could be declared an unsatisfactory participant and transferred to the Individual Ready Reserve (IRR). 9. On 19 February 1991, by certified letter, her commander notified her that she had been absent from UTA/MUTA on 19 February 1991. This was her sixth unexcused absence and that if she accumulated nine unexcused absences within a 1-year period, she could be declared an unsatisfactory participant and transferred to the IRR. 10. On 22 February 1991, by certified letter, her commander notified her that she had been absent from UTA/MUTA on 20 February 1991. This was her eighth unexcused absence and that if she accumulated nine unexcused absences within a 1-year period, she could be declared an unsatisfactory participant and transferred to the IRR. 11. On 12 November 1991, by certified letter, her commander notified her that she had been absent from UTA/MUTA on 10 November 1991. This was her twelfth unexcused absence and that if she accumulated nine unexcused absences within a 1-year period, she could be declared an unsatisfactory participant and transferred to the IRR. 12. On 20 December 1991, Headquarters, 300th MP Prisoner of War Command published Orders 79-05 reassigning her from her unit to the USAR Control Group (Annual Training) effective 20 December 1991 as an "unsatisfactory participant." The orders listed her rank as SPC. 13. On 20 June 1995, the USAR Personnel Center, St. Louis, published Orders C-06-539941 reassigning her from the USAR Control Group (Annual Training) to 2nd Battalion, 85th Armor Regiment, Indianapolis, IN, effective 14 June 1995. The orders listed her rank as SPC. 14. On 5 March 1996, Headquarters, 85th Division (Exercise), published Orders 65-11 releasing her from her unit and reassigning her to the IRR as an "IRR No Show." The orders listed her rank as SPC. 15. Her discharge orders from the USAR are not available for review. However, her AHRC Form 249-E (Chronological Statement of Retirement Points) shows she was ultimately discharged from the USAR on or about 1 December 1998. 16. A staff member of the Army Review Boards Agency Command Screening Team contacted the applicant in an effort to determine what she meant by "mandates she worked." She did not respond. DISCUSSION AND CONCLUSIONS: 1. The applicant raises three issues related to correcting of her records * the mandates she worked * her rank/grade as SPC/E-4 * she was voted Soldier of the Year 2. It is unclear what the applicant means by "mandate." She is advised to submit a new application that clearly states what correction she is seeking regarding "mandates." 3. The applicant entered ADT, completed her training, then was subsequently discharged from ADT in the rank of private. Her DD Form 214 for this period of ADT accurately reflects her rank as private. The applicant was advanced to SPC on 8 December 1989 as a member of the USAR. Her last order releasing her from the 2nd Battalion, 85th Regiment, effective 5 March 1996 listed her rank as SPC. There is no evidence of error with regard to her rank. 4. There was no specific document created or filed in her record to show she was voted Soldier of the Year. Normally, the Soldier's chain of command recognizes such an achievement with a certificate of achievement or an individual decoration. Her record is void of evidence that she was selected as Soldier of the Year or received recognition for such an achievement. 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) AR20150005567 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005567 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1