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 units 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 applicants 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
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