RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 February 2005
      DOCKET NUMBER:  AR20040001050


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry, Jr.            |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. Peter B. Fisher               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be issued a new DD Form 214
(Certificate of Release or Discharge From Active Duty) to replace one that
he lost.

2.  The applicant also requests, in effect, that the DD Form 214 in his
possession be corrected to reflect:

      a.  Completion of Basic Combat Training.

      b.  "Completion or separation of total [US Army] Reserve time."

      c.  "Foreign service time."

      d.  Addition of the Army Service Ribbon (ASR), Army Achievement Medal
(AAM), Army Reserve Components Overseas Training Ribbon (ARCOTR), and the
Overseas Service Ribbon (OSR).

      e.  Addition of PLDC (Primary Leadership Development Course)
completed in 1989.

3.  The applicant states he needs the above for retirement points on his
civilian job.

4.  The applicant provides:

      a.  A copy of his DD Form 214 for the period 24 March 1983 to 3 June
1983.

      b.  A copy of Orders 153-006, Headquarters, 2nd United States Army,
Fort Gillem, Georgia, dated 21 May 1991, showing his discharge from the US
Army Reserve (USAR) effective 21 May 1991.

      c.  A copy of his graduation certificate from Basic Combat Training
on 24 July 1982.

      d.  A copy of his DA Form 2-1 (Personnel Qualification Record) dated
15 January 1991.  It shows he served an active duty for training tour in
Germany from 1 February 1986 to 21 February 1986.

      e.  A copy of a 17 March 1986 letter of appreciation.
CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 June 1983.  The application submitted in this case is
dated 26 April 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the USAR for 6 years on 28 January 1982.  On
1 June 1982, he entered on active duty for training (ADT) in order to
complete Basic Combat Training at Fort Jackson, South Carolina.  The
duration of the ADT was 17 weeks, 3 days.  There is no DD Form 214 in the
record for this period of active service.

4.  On 24 March 1983, the applicant entered on another period of ADT in
order to complete Advanced Individual Training as a clerk-typist in
military occupational specialty (MOS) 71L.  He completed his ADT tour and
was issued a DD Form 214 for the period 24 March 1983 to 3 June 1983.  The
DD Form 214 shows that he served 2 months and 10 days on active duty, and
that he had prior active duty of 2 months and 2 days.  It also shows that
he was a Private (PV2/E-2) at the time.

5.  The applicant returned to his USAR unit upon completion of his second
ADT tour.  He was promoted through the enlisted ranks and, on 7 September
1989, achieved the rank of Specialist (SPC/E-4).

6.  During the period 1-21 February 1986, the applicant performed Annual
Training (AT) in Germany.

7.  Permanent Orders 6-1, Headquarters, 40th Ordnance (Conventional
Ammunition, Direct Support/General Support), Jackson, Mississippi, dated
22 May 1987, awarded the applicant the AAM for the period 1 February 1986
to 1 April 1987.

8.  The applicant completed an 8-day PLDC sponsored by the 121st Army
Reserve Command (ARCOM) in 1989.

9.  The applicant was discharged from the USAR on 28 January 1991 by Order
78-19, Headquarters, 2nd United States Army, Fort Gillem, Georgia.  His
service was characterized as honorable.

10.  The record shows that, on 6 April 1993, the applicant requested a copy
of his DD Form 214 covering his ADT for Basic Combat Training.  On 28
October 1993, the US Army Reserve Personnel Center (AR-PERSCOM), St. Louis,
Missouri, unable to find a copy of the requested form, forwarded to him a
DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge).

11.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
provides:

      a.  The ASR was established by the Secretary of the Army on 10 April
1981.  Effective 1 August 1981, all members of the Active Army, Army
National Guard, and Army Reserve in an active Reserve status are eligible
for the award upon successful completion of initial entry training.

      b.  The OSR was established by the Secretary of the Army on 10 April
1981.  Effective 1 August 1981, all members of the Active Army, Army
National Guard, and Army Reserve in an active Reserve status are eligible
for the award for successful completion of overseas tours [emphasis added].

      c.  The ARCOTR was established by the Secretary of the Army on 11
July 1984.  It is awarded to members of the Reserve Components of the Army
– Army National Guard and U.S. Army Reserve – for successful completion of
AT or ADT for a period not less than 10 consecutive duty days on foreign
soil.

12.  AR 635-5 (Separation Documents) prescribes the separation documents
that must be prepared for Soldiers on retirement, discharge, release from
active duty service, or control of the Active Army.  It establishes
standardized policy for preparing and distributing the DD Form 214
(Certificate of Release or Discharge from Active Duty).  It provides:

      a.  The DD Form 214 is a summary of a Soldier's most recent period
[emphasis added] of continuous active duty.  It provides a brief, clear-cut
record of active duty service [emphasis added] at the time of release from
active duty, retirement, or discharge.

      b.  DD Form 214 will be prepared for Reserve Component (RC) Soldiers
completing 90 days or more of continuous active duty for training (ADT),
Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW),
temporary tours of active duty (TTAD), or Active Guard Reserve (AGR)
service.

      c.  Military education information is listed to assist the Soldier in
job placement and counseling; therefore, training courses for combat skills
(e.g., Basic Combat Training) will not be shown on DD Form 214.

      d.  DD Form 214 will not be issued to replace record copies or DD
Forms 214 lost by Soldiers.  If no DD Form 214 is available [in the
record], issue a statement of service or transcript of military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request demonstrates that he does not understand the
purpose of DD Form 214 and the data that is authorized for entry on that
form.

2.  The applicant's DD Form 214 for his ADT tour during which he completed
Basic Combat Training is not in the record.  A new DD Form 214 cannot be
created to replace this missing document.  In response to an April 1993
request by the applicant, the AR-PERSCOM issued to him a DD Form 303A
(Certificate in Lieu of Lost or Destroyed Discharge) on 28 October 1993.

3.  The DD Form 214 provided to this Board by the applicant is for a
specific period of time – 24 March through 3 June 1983.  As such, any event
or entry item that occurred outside of this period, with the exception of
awards and decorations, may not be reflected.  Thus:

      a.  USAR inactive service occurring after the period is not
authorized for inclusion.

      b.  Foreign AT service occurring in February 1986 is not authorized
for inclusion.

      c.  Receipt of the AAM and ARCOTR are not authorized for inclusion.

      d.  Completion of PLDC in 1989 is not authorized for inclusion.

      e.  The rank of SPC, attained on 7 September 1985, is not authorized
for inclusion.

4.  Effective 1 August 1981, the ASR was authorized for issue to all
members of the Active Army, Army National Guard, and Army Reserve in an
active Reserve status upon successful completion of initial entry [Basic]
training.  The applicant underwent Basic Combat Training on 28 January
1982; he is entitled to award of the ASR and that award should be reflected
on the DD Form 214 provided by him.  This administrative error does not
require action by the Board.  The necessary corrections will be
accomplished administratively by the Case Management Support Division
(CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

5.  The applicant's records do not support his request that his DD Form 214
be corrected to show award of the OSR.  The OSR may only be awarded for
successful completion of overseas tours.  Duration of overseas tours is
established by Department of the Army and consist of a minimum period of
1 year; USAR annual training tours (2 weeks) on foreign soil are not
considered overseas tours.  There is nothing in the applicant's records to
show that he ever completed an overseas tour.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 January 1991, the date of his
discharge from the USAR; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 27 January
1993.  However, the applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__hof___  __mjnt__  __pbf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the 6 June 1983 DD Form 214 of the
individual concerned to show award of the ASR.



                                        Hubert O. Fry, Jr.
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001050                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050223                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0078                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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