IN THE CASE OF: BOARD DATE: 28 July 2011 DOCKET NUMBER: AR20110000841 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 his service through 7 February 1995 be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 24 September 1990. 2. The applicant states he was still in the service at the time the DD Form 214 was issued. 3. The applicant provides his: * DD Form 214 with a separation date of 17 October 1979 * DD Form 214 with a separation date of 24 September 1990 * orders for discharge from the U.S. Army Reserve (USAR) 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. He enlisted in the USAR on 17 May 1979. He was ordered to initial active duty for training (IADT) on 29 June 1979. He completed basic combat and advanced individual training and was awarded military occupational specialty 57E (Laundry and Bath Specialist). 3. He was released from IADT on 17 October 1979. He was issued a DD Form 214 showing he completed 3 months and 19 days of active service. 4. He reenlisted in the USAR on 2 March 1985 and on 8 February 1991. 5. He was issued a DD Form 214 for the period from 21 - 24 September 1990. The type of separation is shown as release from active duty and the reason shown is expiration term of service. There are no orders in his Military Personnel Records Jacket (MPRJ) ordering him to active duty or releasing him from active duty during this period. 6. 83rd USAR Command, Columbus, OH Orders 38-022, dated 7 February 1995, discharged him from the USAR effective 7 February 1995. 7. A memorandum, dated 24 October 2003, from the U.S. Army Human Resources Command (HRC), St. Louis, MO indicates he had an active duty tour from 21 - 24 September 1990. 8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated, in pertinent part, that a DD Form 214 would be issued at the time of separation to all personnel, to include USAR Soldiers, after completing 90 days or more of continuous active duty for training (ADT), full-time training duty (FTTD), or active duty support. DISCUSSION AND CONCLUSIONS: 1. A DD Form 214 would not normally be issued for a period of active duty of only 4 days. However, in the absence of official orders showing this period, it must be presumed the dates of the DD Form 214 issued on 24 September 1990 are correct. 2. The DD Form 214 is a record of active duty performed by a Soldier during a specified period. He remained in the USAR after his release from active duty on 24 September 1990. His remaining inactive service from 25 September 1990 to 7 February 1995 is not reflected on his DD Form 214 because it occurred subsequent to his release from active duty. There are no provisions for amending a DD Form 214 to include inactive service performed subsequent to the separation date indicated on the DD Form 214. 3. There is no evidence he was on active duty at the time of his discharge on 7 February 1995. Therefore, no DD Form 214 would have been issued at that time. 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) AR20110000841 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1