RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2005
DOCKET NUMBER: AR20050002981
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Mr. Melvin H. Meyer | |Member |
| |Ms. LaVerne M. Douglas | |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 that he be issued a new DD Form 214 that
reflects all of his active and Reserve service.
2. The applicant states that he has a DD Form 214 that shows his service
from 1987 to 1990 and one that shows his service from 1996 to 1998.
However, he does not have one that reflects his Reserve service from 1990
to 1996 and from 1998 to 2002.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the United States Army Reserve (USAR) under the delayed
entry program (DEP) on 26 July 1986 and remained in the DEP until he was
discharged on 4 February 1987.
2. On 5 February 1987, he enlisted in the Regular Army and served until he
was honorably released from active duty (REFRAD) on 2 February 1990. He
had served 2 years, 11 months, and 28 days of total active service and his
time in the DEP was listed in the remarks section of his DD Form 214. At
the time of his REFRAD he was transferred to the USAR Control Group
(Reinforcement).
3. On 6 November 1996, he entered active duty for training and served on
active duty until he was released from active duty training on 25 November
1998. He had served 2 years and 20 days of active duty during that period
and had 2 years, 11 months, and 27 days of prior active service. His DD
Form 214 shows that he had 4 years, 7 months, and 2 days of prior inactive
service and that he was transferred to a USAR Troop Program Unit (TPU).
4. On 1 October 2002, he was honorably discharged from the USAR.
5. Army Regulation 635-5 serves as the authority for the preparation and
distribution of the DD Form 214 (Certificate of Release or Discharge From
Active Duty). It provides, in pertinent part, that a DD Form 214 will be
prepared for USAR personnel who are separated for physical disability,
regardless of the period of time served on active duty, or after completing
90 days or more of continuous active duty training, full-time training duty
or active duty support, after completing initial active duty for training
which resulted in the award of a military occupational specialty (MOS) even
though it was less than 90 days, and when
being separated from a special active duty training program tour. In every
instance, an individual must be separated from active duty in order to be
issued a DD Form 214. A DD Form 214 will normally not be corrected to add
information or events that occur subsequent to the date of separation.
DISCUSSION AND CONCLUSIONS:
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 properly issued a DD Form 214 to reflect his service
during all periods in which he served on active duty and those forms
properly reflect his service as it existed at the time of his REFRAD.
3. Inasmuch as he did not enter active duty after his REFRAD on 25
November 1998, he is not entitled to be issued another 214 for his service
after that date.
4. The DD Form 214 is issued only to personnel who are separated from
active duty. Accordingly, there appears to be no basis to grant his
request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__sk____ __mhm___ __lmd___ 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.
Stanley Kelley
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20050002981 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051129 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(DENY) |
|REVIEW AUTHORITY | |
|ISSUES |189/issue 214 |
|1.110.0000 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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