| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That she be provided a Certificate of Release or Discharge from Active Duty, DD Form 214, for active duty performed 23 May 1972 through 30 September 1980. She also requests a new DD Form 214 for the period ending 31 October 1992.
APPLICANT STATES: That she has active duty time counted towards retirement not covered by a DD Form 214. The VA has denied her VA education benefits because a DD Form 214 cannot be provided to verify her active duty and refuses to accept a copy of her active duty orders. She requires a new DD Form 214 for the period ending 31 October 1992 because the copy she has does not reproduce well. As supporting evidence, she provides her pay vouchers and active duty orders to show she performed active duty during this period.
EVIDENCE OF RECORD: The applicant's military records show:
She served on active duty in an enlisted status from 7 September 1962 through 6 December 1965 and from 24 January 1966 through 9 January 1969.
The applicant enlisted in U. S. Army Reserve (USAR) on 23 May 1972. She was ordered to active duty for training on 10 January 1977 and released from active duty on 28 February 1978, for which she received a DD Form 214. Her pay vouchers verify that she performed unit drills and annual training on a regular basis but never for a period of 90 or more continuous days of active duty. She was commissioned in the USAR on 5 February 1979.
On 1 October 1980, the applicant was ordered to active duty in an active guard/reserve (AGR) status. She retired for length of service on 1 November 1992. Her USAR active Federal service had been reflected on an Officer’s Service Computation form, DARP Form 2762, and on a Computation of Active Federal Service form, DARC Form 2610, when her service creditable towards retirement was computed.
On 9 November 2000, the VA informed the applicant that her education benefits period would expire on 31 March 2000 as she had not spent any time on active duty from 1 March 1978 through 20 September 1980.
Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the
DD Form 214. It states that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge or release from the Active Army. It includes members of the USAR separated after completing 90 days or more of continuous active duty for training, full time training duty, or active duty support.
In pertinent part, it states that the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. A statement of service or transcript of military record would be issued instead.
Title 10, U. S. Code, section 101(d) defines “active duty” as full-time duty in the active military service of the United States.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. 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.
2. The applicant was not eligible to receive a DD Form 214 for the periods of active duty she served during the period 23 May 1972 – 30 September 1980, except for one period, because none of the periods were for 90 or more continuous days of active duty. She did receive a DD Form 214 for the time she was on active duty for training for more than 90 continuous days.
3. A DD Form 214 may not be reissued to replace a record copy. However, the DD Form 214 for the period ending 31 October 1992 in the applicant’s records reproduced fairly well and copies will be provided to her.
4. Copies of the DARP Form 2762 and DARC Form 2610, which list all her active Federal service creditable for retirement purposes, will also be provided to the applicant for presentation to the VA as verification of her service. The VA, in accordance with its own policies and regulations and given the statutory definition of “active duty,” may or may not accept these documents.
5. In view of the foregoing, 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
__jns___ __rtd___ __dph___ DENY APPLICATION
| CASE ID | AR2001058508 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010828 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140020049
The applicant states, in effect, he terminated his service with the U.S. Army Reserve (USAR) because his new first sergeant was out to replace him with a friend. 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. A qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a Reserve member.
ARMY | BCMR | CY2007 | 20070018144
These orders confirm the applicant's retired pay percentage was based on his completion of 20 years, 1 month and 13 days of active military service, and that his retired basic pay rate was based on his completion of a total of 26 years, 8 months, and 3 days of military service. The evidence of record confirms the applicant reenlisted and entered this particular period of active duty service on 3 October 1972, and not 2 October 1973, as is currently entered in Item 15 of the DD Form 214 in...
ARMY | BCMR | CY2013 | 20130010232
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his activation in support of Operation Desert Storm and award of the Army Service Ribbon. Although there is no provision for issuing orders for this service ribbon, the applicant should be issued an appropriate document showing he is authorized the Army Service Ribbon effective 13...
ARMY | BCMR | CY2009 | 20090019555
The applicant's military personnel records show she enlisted in the USAR on 8 May 1984 for a period of 6 years. Item 2 (SSN) of her DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows her SSN as xxx-xx-6605. The applicant's enlistment document, orders for IADT and ADT, DARP Form 249, DD Form 214, and additional records throughout her military personnel record identify her with the SSN xxx-xx-6605.
ARMY | BCMR | CY2006 | 20060003449C070205
The evidence of record also shows that the applicant attended BCT from 15 July 1983 through 15 September 1983 and that he completed BCT. Therefore, he is not entitled to correction of this document to show that he completed BCT. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was provided a copy of the DD Form 220 that is filed in his Official Military Personnel File showing that he completed Basic...
ARMY | BCMR | CY2009 | 20090004784
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, reconsideration of her request to correct her military records and DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 March 1993, to reflect her current name and gender. In support of her request, the applicant provides a self-authored letter, dated 16 March 2009; copies of her 1993, 1995, 1997, and 1999 active duty orders; her 1993 DD...
ARMY | BCMR | CY2009 | 20090017300
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 May 1991 to show the rank of sergeant (SGT)/pay grade E-5. Based on the evidence of record, the applicant was properly released from active duty on 13 May 1991 in the rank and grade of SPC/E-4. On 13 May 1991, she was released from active duty and issued a DD Form 214 showing her rank and pay grade as SPC/E-4.
ARMY | BCMR | CY2010 | 20100029431
She states she served 11 months and 8 days of active duty and then reenlisted in the U.S. Army Reserve (USAR) on 19 December 1985 for six years. Her separation packet is not available for the Boards review; however, her DD Form 214 shows she was honorably released from active duty (REFRAD) on 12 December 1979, under the provisions of Army Regulation 635-200 (Enlisted Personnel), chapter 8, for pregnancy. Orders D-12-135821, dated 18 December 1991, which are contained in her military...
ARMY | BCMR | CY2009 | 20090000970
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that all of her years of service be entered on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 28 February 1981. There is no official documentation or other evidence in the applicant's Military Personnel Records Jacket (MPRJ) that show she completed any periods of active duty over 90 days subsequent to her...
ARMY | BCMR | CY2012 | 20120010593
The applicant provides and the FSM's records contain a memorandum, dated 18 August 1994, from the U.S. Army Reserve Personnel Center, St. Louis, MO, which shows he elected to transfer to the Retired Reserve. There is no evidence and the applicant provided no evidence which shows the FSM completed the required years of service to be eligible for retired pay upon application at age 60. The FSM's records do not indicate that he completed the required years of service to be eligible for...