IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150011900 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150011900 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150011900 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 the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her Reserve service and rank/pay grade as sergeant (SGT)/E-5. 2. She states she served on active duty from August 1978 to August 1981 prior to enlisting in the U.S. Army Reserve (USAR). The USAR promoted her to pay grade E-5 in February 1983 and she subsequently transferred to a USAR unit in Georgia in 1985. She moved to Florida in 1986. She attempted to find a position with a USAR unit in Florida, but there were not any positions available because the unit was downsizing. She states that she did not receive a DD Form 214 for her Reserve years or with her correct rank. 3. She 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 Regular Army and entered active duty on 8 August 1978. She was honorably released from active duty on 7 August 1981 and credited with completing 3 years of active service. 3. On 8 August 1981, she enlisted in the USAR and was assigned to the 344th General Hospital, Fort Totten, NY. 4. Orders 3-1, issued by 344th General Hospital, Fort Totten, NY, on 14 February 1983, promoted her to specialist five (SP5)/E-5. 5. On 10 July 1983, she extended her enlistment thereby establishing an expiration term of service of 7 August 1984. 6. On 7 August 1984, she reenlisted in the USAR for 3 years in pay grade E-5. 7. Her DA Form 5016 (Chronological Statement of Retirement Points) shows she served in the USAR from 16 December 1986 to 16 December 1995 and her rank was SGT/E-5 at the time. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established 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: 1. The applicant requests the issuance of a DD Form 214 showing her Reserve service and her rank/pay grade as SGT/E-5. The DD Form 214 is a synopsis of a Soldier's most recent period of continuous active service. 2. There are no provisions to issue a DD Form 214 with her pay grade for inactive service that was completed after she was released from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011900 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011900 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2