IN THE CASE OF:  	  

		BOARD DATE:  18 September 2014  	  

		DOCKET NUMBER:  AR20140001095 


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 DD Form 214 (Report of Separation from Active Duty) for the period ending 20 January 1977 to show:

	a.  her monthly drills (inactive duty training (IDT) periods) in the U.S. Army Reserve (USAR) from February to August 1976 as active duty service; and

	b.  her rank as sergeant (SGT)/E-5.

2.  The applicant states:

	a.  she enlisted in the USAR on 12 February 1976 and she participated in regular monthly drills until she was sent to basic combat training on 20 August 1976.  These drills are not included as active duty service on her DD Form 214; and

	b.  she was promoted to the rank of SGT/pay grade E-5 on 1 January 1979; but her DD Form 214 shows her rank as private two (PV2) and pay grade as E-2.

3.  The applicant provides:

* page 4 of her DA Form 2-1 (Personnel Qualification Record – Part II)
* DD Form 214 for the period ending 20 January 1977
* Honorable Discharge Certificate
* promotion orders

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 12 February 1976 for a period of 3 years.  She was ordered to active duty for training (ADT) on 15 August 1976 and she was released from ADT on 20 January 1977.

3.  Her DD Form 214 for the period ending 20 January 1977 shows in:

* item 6a (Grade, Rate or Rank) – PV2
* item 6b (Pay Grade) – E-2
* item 18a (Net Active Service This Period) – 5 months and 6 days
* item 18d (Prior Inactive Service) – 6 months and 3 days (her USAR service from 12 February 1976 through 14 August 1976)

4.  She provided orders, dated 7 April 1979, that show she was promoted to SGT/E-5 in the USAR effective 7 April 1979.

5.  She was discharged from the USAR on 11 February 1985.

6.  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 preparation of the DD Form 214 and stated 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.

7.  Army Regulation 135-91 (Army National Guard and Army Reserve – Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), paragraph 3-4 (Participation Before Initial ADT), states enlistees are authorized to attend a specified number of IDT periods or annual training with their assigned unit for pay purposes before completing initial ADT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her DD Form 214 for the period ending 20 January 1977 to show her monthly IDT periods from February to August 1976 as active duty service.  IDT is not active duty service by definition.  Her prior inactive service from 12 February to 14 August 1976 is properly shown in item 18d of her DD Form 214.

2.  The DD Form 214 is a "snapshot in time"; it is a reflection of active duty service at the time of release from active duty.  Since she was promoted to SGT/E-5 more than 2 years after her release from active duty, there is no basis for amending her DD Form 214 for the period ending 20 January 1977 to show her rank as SGT/E-5.

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 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)                                         AR20140001095



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ABCMR Record of Proceedings (cont)                                         AR20140001095



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