2. The applicant requests that he be issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for the period covering 14 May 1985 to 30 September 1991.
3. He states that Army regulations require soldiers who perform over 30 days of active duty to be provided a DD Form 214.
4. The applicants records show that while a reservist assigned to a troop program unit in pay grade E-6, he was ordered to active duty for 109 days. Leave and earning statements (LES) verify that he received active duty pay and allowances for the period starting 14 May and ending 30 August 1985.
5. Orders published on 23 August 1985 again ordered the applicant to active duty for a period of 3 years with a reporting date of 3 September 1985. A subsequent amendment increased the period of active duty from 3 to 5 years. Copies of LESs show that he entered on active duty on 3 September 1985 and served continuously on active duty. On 4 October 1990 orders were published attaching him to his units servicing transition point to be processed for release from active duty. However, LESs confirm that he remained on active duty up to and beyond that date and, on 3 April 1991, orders were published revoking the order attaching him to the transition point, citing the Stop Loss policy directive (a directive implemented to retain soldiers during Operation Desert Shield/Storm).
6. An order published on 4 April 1991 stated that he was to be released from active duty on 30 June 1991. However, copies of LESs show that he remained on active duty until 29 June 1991.
7. The applicants records do not contain any DD Forms 214 covering the period 14 May 1985 to 30 September 1991.
8. In the processing of this case an advisory opinion was obtained from the Chief, Army Reserve (CAR). The CAR recommended that the applicant be issued two DD Forms
214 - one for the period covering 14 May through 30 August 1985, and one for the period covering 3 September 1985 through 29 June 1991.
9. 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.
10. Army Regulation 635-5-1, Separation Program Designators, lists the SPD of MBK as Completion of required service, under Army Regulation 635-200 paragraph 4-2, for individuals serving on active duty in an AGR status.
CONCLUSIONS:
1. It is evident that the applicant served on active duty from 14 May through 30 August 1985, and again from 3 September 1985 through 29 June 1991.
2. It is also evident that he was released from active duty on both occasions due to the completion of his required active service.
3. Since both periods of active duty were for more than 90 days, he should have been issued a DD Form 214 for each period of service.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected:
a. by issuing to the individual concerned two DD Forms 214, one for the period covering 14 May through 30 August 1985, and one for the period covering 3 September 1985 through 29 June 1991; and
b. that both DD Forms 214 have Army Regulation
635-200, paragraph 4-2 listed as the authority for separation, that both DD Forms 214 have the narrative reason for separation listed as Completion of required service, and both DD Forms 214 have SPDs listed as MBK.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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