RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 April 2008 DOCKET NUMBER: AR20070016859 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 May 1984 be corrected to show his service in the U.S. Army Reserve (USAR) during the period 21 March 1984 to 27 February 1996 and the schools that he attended during that time. 2. The applicant states that these items were not added to his original DD Form 214. 3. The applicant provides no additional evidence in support of his application. 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 USAR on 6 April 1977 for a period of 6 years. On 27 July 1977, he enlisted in the Regular Army for a period of 4 years. On 21 May 1981, he was honorably discharged for immediate reenlistment. On 22 May 1981, he reenlisted for a period of 3 years. On 13 May 1984, the applicant was honorably discharged. 3. Item 12e on the applicant’s DD Form 214 for the period ending 13 May 1984 shows he served 3 months and 21 days of prior inactive service. 4. The applicant enlisted in the USAR on 21 March 1984. On 27 February 1996, he was honorably discharged from the USAR. 5. Army Regulation 635-5 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. In pertinent part it states that 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 DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Since the applicant was discharged from the USAR in February 1996, approximately 12 years after his release from active duty, there is no basis for amending his DD Form 214 for the period ending 13 May 1984 to show his service in the USAR from 21 March 1984 to 27 February 1996 or the schools he attended during that time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING PM____ __JH____ ___KJ___ 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. ____ PM ____ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070016859 3 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET 2ND FLOOR ARLINGTON, VA 22202-4508