ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE: 6 August 2021 DOCKET NUMBER: AR20210006176 


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 December 1986 to show in: 

•item 4a (Grade, Rate, or Rank), her rank as private first class instead of private

•item 4b (Pay Grade), her pay grade as E-3 instead of E-1

•item 12b (Separation Date This Period), her separation date as 31 August 1989instead of 16 December 1986



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

•DD Form 214

•Headquarters, 63d U.S. Army Reserve (USAR) Command, Orders 161-039,8 May 1987

•DA Form 3053 (Declaration of Benefits Received and Waivers), 4 April 1987

•Headquarters, 63d USAR Command, Orders 150-052, Annex F, 24 April 1987

•Headquarters, 63d USAR Command, Orders 159-026, 13 April 1988

•Department of the Army Certificate of Training, 13 May 1988

•Commander's Special Recognition Award Certificate, 20 July 1988

•137th Service Company Orders 1-1, 20 July 1988

•DA Form 2-1 (Enlisted Personnel Qualification – Part II), page 2 only (3 copies)

•Various Leave and Earnings Statements and Military Pay Vouchers

•Various Other Documents



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant enlisted in the USAR on 19 May 1986 for a period of 8 years.

3.Military Entrance Processing Station Orders 102-24, 19 May 1986, ordered her toinitial active duty for training (IADT) on 31 July 1986 to complete basic training andadvanced individual training.

4.U.S. Army Chemical and Military Police Centers and Fort McClellan Orders 184-118,23 September 1986, released her from basic training and attached her to Fort Leeeffective 3 October 1986 to attend advanced individual training in military occupationalspecialty 57H (Army Terminal Operations Specialist). These orders were amended on25 September 1986 by changing her military occupational specialty training to 57F(Army Memorial Activities Specialist).

5.Headquarters, U.S. Army Quartermaster Center and Fort Lee, Orders 243-22,16 December 1986, discharged her effective 16 December 1986.

6.She was discharged accordingly on 16 December 1986. She completed 4 monthsand 16 days of net active service during this period. Her DD Form 214 shows in:

•item 23 (Type of Separation) – Discharge

•item 24 (Character of Service) – Entry-Level Status

•item 25 (Separation Authority) –Army Regulation 635-200 (PersonnelSeparations – Enlisted Personnel), Paragraph 11-3a

•item 27 (Reenlistment Code) – 3

•item 28 (Narrative Reason for Separation) – Entry-Level Status Performance andConduct



7.137th Service Company Orders 1-1, 20 July 1988, promoted her to the rank/grade ofPFC/E-3 on 20 July 1988.

8.She provided several orders, leave and earnings statements, military vouchers, andother documents showing her service in the USAR subsequent to her separation fromactive duty.

9.She applied to the ABCMR for correction of her records to show she completedIADT, was awarded an MOS, and her pay grade at discharge was E-3 in February1990.

a.As part of her review, the ABCMR procured an advisory opinion from the Office ofthe Chief, Army Reserve (OCAR), which recommended denial of her request. The Chief, Policy Coordination Office, noted she did not complete IADT for award of an MOS and was erroneously advanced to private two/E-2 and private first class/E-3 since she had no military status after being discharged on 16 December 1986. The advisory official further noted USAR unit officials erroneously advised her that she had not been discharged from military service and thus she performed scheduled unit training assemblies and annual training during the period April 1987 and November 1988, for which she received pay and allowances. 

b.On 29 July 1992, the ABCMR unanimously denied her request for correction ofher records. 

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted.  The applicant’s contentions, the military record, her previous ABCMR case, and regulatory guidance were carefully considered.  The DD Form 214 shows circumstances that existed when the form was created.  The entries requested for change occurred after the period covered by the form.  Based upon a preponderance of the evidence, the Board determined there is insufficient evidence to grant relief. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX 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. 

Microsoft Office Signature Line...

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. 


REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect atthe time, set forth the basic authority for the separation of enlisted personnel.

a.Chapter 3 provided that a separation will be described as an entry-levelseparation if processing is initiated while a member is in an entry-level status, except when the characterization of under other than honorable conditions is authorized or when the Secretary of the Army, on a case-by-case basis, determines that a honorable discharge is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. 

b.Chapter 11 provided for the separation of personnel due to unsatisfactoryperformance or conduct, or both, while in an entry-level status. This provision applies to individuals who demonstrated they were not qualified for retention because they could not adapt socially or emotionally to military life; or because they lacked the aptitude, ability, motivation, or self-discipline for military service; or they demonstrated characteristics not compatible with satisfactory military service. The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. 
 
3.  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. It 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. The specific instructions stated for: 
 
• items 4a and b, enter the separating Soldier's active duty grade or rank and pay grade at the time of separation 

• item 12b, enter the transition/separation date 


 
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