BOARD DATE: 30 June 2011 DOCKET NUMBER: AR20100030315 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was a drill sergeant. 2. He states he served in the U.S. Army Reserve (USAR) as a drill sergeant from 1981 to 1984. 3. He provides his DD Form 214, a Certificate of Graduation for Drill Sergeant School, two certificates of recognition, and two letters of commendation. 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 on 5 June 1978. He was honorably released from active duty on 4 June 1981 and transferred to the USAR Control Group (Reinforcement). 3. On 31 March 1983, the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, issued Orders C-03-007152 relieving him from the USAR Control Group (Reinforcement) and assigning him to Company C, 3d Battalion, 385th Regiment, 2d Brigade (Basic Training), Fairfield, CT, effective 10 February 1983. 4. His DA Form 2-1 (Personnel Qualification Record) shows he served with Company C, 3d Battalion, 385th Regiment, 2d Brigade (Basic Training) as a drill sergeant from 10 February 1983 to 7 June 1987. 5. On 29 October 1984, Headquarters, 2d Brigade (Basic Training), 76th Division (Training), East Windsor, CT, issued Permanent Orders 9-2 awarding him the Drill Sergeants Badge for satisfactory completion of the Drill Sergeant Course. 6. On 8 June 1987, Headquarters, First U.S. Army, Fort George G. Meade, MD, issued Orders 102-31 relieving him from Company C, 3d Battalion, 385th Regiment, 2d Brigade (Basic Training), and assigning him to the USAR Control Group (Reinforcement) effective 8 June 1987. 7. On 23 May 1990, the U.S. Army Reserve Personnel Center, St. Louis, MO, issued Orders D-05-039109 honorably discharging him from the Ready Reserve effective 25 May 1990. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) 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. DISCUSSION AND CONCLUSIONS: 1. The applicant was released from active duty in 1981 and received a DD Form 214 documenting his active duty service. He later served as a drill sergeant in the USAR. 2. He was not trained as nor did he serve as a drill sergeant during the period covered by his DD Form 214. Therefore, he is not entitled to correction of this document to show he was a drill sergeant. 3. The documents cited in the CONSIDERATION OF EVIDENCE section will be attached to this Record of Proceedings and he will receive a copy. He may use these documents as evidence of his service as a drill sergeant in the USAR. 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) AR20100030315 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100030315 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1