IN THE CASE OF:	  

		BOARD DATE:	    22 July 2010

		DOCKET NUMBER:  AR20090020150 


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 that he be issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his periods of service.

2.  The applicant states his DD Form 214 lists only his period of active duty for basic and advanced individual training.

3.  The applicant provides copies of his DD Form 214 and an Honorable Discharge Certificate.

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 U.S. Army Reserve (USAR) and entered initial active duty for training (IADT) on 27 October 1980.
3.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).  He was released from IADT on 28 February 1981.

4.  A DD Form 214 was issued showing the above period of service and the record contains no indication of any further period of active duty service.

5.  The applicant remained in an active Reserve status until he was honorably discharged on 26 July 1992.  An Honorable Discharge Certificate was issued at this time.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it states a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty.  At the time and currently, it states a DD Form 214 will be prepared for members of the Reserve Components separated after completing 90 days or more of continuous ADT or active duty support.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DD Form 214 lists only his period of active duty for basic and advanced individual training.

2.  The only period of active duty for which a DD Form 214 was warranted is the one prepared to reflect the applicant's period of IADT.  No DD Form 214 is issued to record USAR service unless it is for a period of more than 90 days ADT or active duty support.

3.  The record does not contain and the applicant has not provided any evidence that he served on active duty for any period other than that which is currently documented on his 28 February 1981 DD Form 214.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  Therefore, no relief is warranted in this case.
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)                                         AR20090020150



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ABCMR Record of Proceedings (cont)                                         AR20090020150



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