APPLICANT REQUESTS:  That he be issued DD Forms 214, Certificate of Release or Discharge from Active Duty, for the period 17 November through 6 December 1990.

APPLICANT STATES:  That he was mobilized with his unit in support of Operation Desert Shield on 17 November 1990 and was released from active duty and sent home on 6 December 1990 due to medical problems.  He was never issued a DD Form 214 for that period of service.

In support of his application he submits a copy of his unit’s mobilization order and the order releasing him from active duty as nondeployable.

EVIDENCE OF RECORD:  The applicant's military records show:

On 17 November 1990, while assigned as a food service sergeant, pay grade E-6, to a USAR unit, he was ordered to active duty in support of Operation Desert Shield.  On 6 December 1990 he was released from active duty due to his being nondeployable and was assigned to a USAR unit which was not mobilized.

Army Regulation 635-5, Personnel Separations, Separation Documents, limits the issuance of DD Forms 214 for Reservists to those who have performed 90 or more days of continuous active duty.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant did not serve 90 days of active duty and is not, therefore, entitled to a DD Form 214.

2.  In view of the preceding, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director